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2018 Supreme(Cal) 714

HARISH TANDON, SUBHASIS DASGUPTA
National Insurance Company Limited – Appellant
Versus
Shila Debi – Respondent


Advocates Appeared:
Rajesh Singh, Adv., Sucharita Paul, Adv., Ali Imam Shah, Adv.

JUDGMENT :

Subhasis Dasgupta, J.

This appeal emerges out of the judgment and order dated 3rd October, 2013 passed by the Motor Accident Claims Tribunal Durgapur awarding compensation to the extent of Rs. 26,37,980/- along with the interest at the rate of 8% per annum from the date of filing of the case till realisation.

2. Learned Tribunal Judge elaborately dealt with the factual circumstances leading to the death of the deceased victim by reason of the involvement of the offending vehicle due to its rash and negligent driving. Some crucial facts however, may be adhered to for the decision of this appeal. The deceased victim, a 36 years old man working as an employee of Durgapur Steel Plant having an income of Rs.20,932/- per month suffered death on 18.10.11 at Durgapur Mission Hospital, after being dashed by the offending vehicle on 17.10.11 from behind due to its rash negligent driving, while deceased victim was driving his bike along the left side of the road. The deceased victim suffered serious head injuries and was taken to DSP Hospital, Durgapur and ultimately to Durgapur Mission Hospital, where he succumbed to injuries.

3. The appellant/Insurance Company challenged the appeal r


































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