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2018 Supreme(Cal) 116

DIPANKAR DATTA, DEBI PROSAD DEY
Future General India Insurance Co. Ltd. – Appellant
Versus
Soumita Roy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Singh, Advocate.
For the Respondent:Mr. Ashique Mondal, Mr. Sakti Nath Mukherjee, Sr. Advocate.

JUDGMENT :

Dipankar Datta, J.

FMAT 419 of 2017 is an appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the 1988 Act) at the instance of the insurer/opposite party no. 2 (hereafter the appellant) in M.A.C. Case No. 51 of 2016 on the file of the Motor Accident Claims Tribunal, Fast Track 8th Court, Alipore (hereafter the tribunal). It is directed against the award dated January 27, 2017 passed by the tribunal, whereby a sum of Rs. 1,22,62,015/- was awarded to the claimant (hereafter the first respondent) as monetary compensation on account of death of her only brother in a motor vehicular accident, together with interest @ 9% per annum from the date of filing of the claim application till date of actual payment. The compensation was directed to be paid within 2 months from date.

2. CAN 4022 of 2017 is an application for stay of operation of the award filed in the said appeal.

3. At the first hearing of CAN 4022 of 2017 on July 13, 2017, Mr. Mondal, learned advocate for the first respondent submitted that a pure question of law is involved in the appeal and accordingly, he urged us to decide the appeal finally dispensing with all formalities. Mr. Singh, learned advocate





















































































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