SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

JAYANTA KUMAR BISWAS, SAHIDULLAH MUNSHI
Sasadhar Mishra – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant :Krishanu Banik, Advocate.
For the Respondent:Afroz Alam, Advocate.

JUDGMENT :

Jayanta Kumar Biswas, J.

1. The claimants in MACC No. 569 of 2005 in the Motor Accidents Claims Tribunal, Paschim Medinipur are the appellants. They are aggrieved by the award dated February 28, 2007. They are questioning the adequacy of the compensation.

2. The appellants are the parents of one Prakash Kumar Mishra. Claiming fault liability compensation they filed an application before the claims tribunal under s.166 of the Motor Vehicles Act, 1988 on July 29, 2005.

3. The appellants' case was this. A motor vehicle accident killed Prakash on October 22, 2004. The accident happened due to rash and negligent driving of two vehicles:- No.WB-11A-5357 (a bus) and No.WB-02Q-3597 (a Tata Sumo). Prakash was travelling in the Sumo. He was 32 and self-employed. He used to earn Rs. 12,000 per month. The bus was covered by a valid policy issued by the insurance company. The owners of the bus and the insurance company became liable to pay Rs. 16 lakh with interest and costs.

4. The insurance company contested the case by filing a written statement. It denied and disputed the correctness of all material facts. The owners of the offending vehicle chose not to contest the case. In proof of

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top