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2017 Supreme(Cal) 346

DIPANKAR DATTA, SAHIDULLAH MUNSHI
Chapa Ghosh (Roy) – Appellant
Versus
Cholamandalam MS General Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants :Uday Sankar Chattopadhyay, Santanu Maji, Snigdha Saha, Souvik Dutta, Advocates.
For the Respondents:Rajesh Singh, Advocate.

JUDGMENT :

Dipankar Datta, J.

1. The award dated January 4, 2014 passed by the Judge, Motor Accident Claims Tribunal, 3rd Court (Spl.), Jalpaiguri in M.A.C. Case No. 06/2012, arising out of an application under section 166 of the Motor Vehicles Act, 1988, is under challenge in this appeal under section 173 thereof at the instance of the claimants (hereafter the appellants).

2. The appellants are the widow and two minor children of deceased Achinta Ghosh.

He died in a road accident on April 29, 2011 because of rash and negligent driving by a truck bearing registration no. WB 59A/4548 (hereafter the offending vehicle), owned and insured by the opposite parties 1 and 2 respectively before the tribunal. The appellants had claimed that the victim had an earning of Rs. 6000/- per month, working as a conductor of a maxi bus bearing registration no. WB 71/3119. However, the evidence adduced in this behalf was disbelieved by the tribunal, which proceeded to determine loss of dependency bearing in mind the decision of the Supreme Court reported in (2008) 12 SCC 165 (Laxmi Devi v. Mohd. Tabba








































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