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2017 Supreme(Cal) 188

DIPANKAR DATTA, SAHIDULLAH MUNSHI
BANO BIBI – Appellant
Versus
JEET SINGH – Respondent


Advocates Appeared:
For the Appellant : Prasanta Banerjee, Jayanta Banerjee and Malay Ghosh.
For the Respondent: M.P. Chakraborty.

JUDGMENT :

Dipankar Datta, J.

1. The challenge in this appeal under section 173 of the Motor Vehicles Act, 1988 is to an award dated July 2, 2002 in M.A.C. Case No. 46/217 of 1995 passed by the Motor Accident Claims Tribunal, 3rd Court, Burdwan. The 7 (seven) appellants are the mother and siblings of a Md. Nasim (hereafter the victim), who died in a road accident on December 17, 1994 involving the use of 2 (two) motor vehicles. The truck driven by the victim was dashed by another truck as a result whereof the former overturned and he, having suffered multiple injuries, died on the spot. National Insurance Company Limited (hereafter the insurer) was the insurer of both the vehicles. After having answered all the issues that were framed, the tribunal by the impugned award allowed the claim application presented by the appellants under section 166 of the Act by awarding compensation of Rs.60,000/-. Since the appellants had received Rs.50,000/- in connection with the proceedings under section 140 of the Act, the tribunal held that they would be entitled to a further Rs.10,000/-, to be shared by them in equal share.

2. The tribunal, it appears from the impugned award, proceeded on the basi












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