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2017 Supreme(Cal) 807

DIPANKAR DATTA, DEBI PROSAD DEY
National Insurance Company Limited – Appellant
Versus
Sulekha Das – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajesh Singh
For the Respondents: Mr. Amit Ranjan Roy

JUDGMENT :

DIPANKAR DATTA, J.

1. An award dated September 30, 2013 of the Motor Accident Claims Tribunal, Asansol (hereafter the tribunal) passed in M.A.C. Case No. 21 of 2012 is under challenge in this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereafter the Act) at the instance of National Insurance Company Limited (hereafter the appellant), the opposite party no.2 before such tribunal.

2. It is revealed from the records that the respondents 1 to 4 in this appeal (hereafter the claimants) had the occasion to approach the tribunal owing to the unfortunate death of Bijan Behari Das (hereafter the victim) in a road accident involving the use of two motor vehicles on February 23, 2010. The claimants in the application under Section 166 of the Act, presented on May 4, 2010, happen to be the widow, the children (son and minor daughter) and the mother of the victim. It was pleaded in the claim application that while the victim was returning home late in the evening riding his scooter bearing registration no.WB-38U/7951, he was dashed from behind by an Ambassador car bearing registration no.JH-10C/5289 (hereafter the offending vehicle). As a result thereof, the victim fell do

















































































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