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2017 Supreme(Cal) 230

DIPANKAR DATTA, DEBI PROSAD DEY
Jamshed Ali – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Krishanu Banik, Abhijit Singha Roy
For the Respondents: Rajesh Singh

JUDGMENT :

Debi Prosad Dey, J.

The appellants assail the judgment dated 11th February, 2015 passed by the of learned Principal Motor Accident Claims Tribunal, Nadia in MAC case No. 624 of 2008 whereby and whereunder learned Judge has dismissed the case under reference on the ground that the claimants could not produce valid documents and insurance policy in respect of the motorcycle bearing registration no. WB-52D/2533. The case of the claimants in brief is that the deceased was proceeding from Krishnagar to Santipur on a motorcycle bearing registration no. WB-52D/2533 and he collided with a vehicle bearing registration no. WMK/9780 (oil tanker) due to rash and negligent driving of such oil tanker by its driver resulting in instant death of Atiyar Ali. At that point of time Atiyar Ali was aged about 29 years and he was an employee of a private company having monthly salary of Rs.18,126/- . The claimants/appellants have filed such petition under Section 166 of the Motor Vehicle Act, 1988 praying for damages to the tune of Rs.15,43,680/- for premature motor accidental death of At






































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