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2023 Supreme(Cal) 45

BIVAS PATTANAYAK
Surendar Kaur Singh – Appellant
Versus
United India Insurance Company Limited – Respondent


Advocates appeared:
Ashique Mandal, Advocate, Sucharita Paul, Advocate

JUDGMENT

Bivas Pattanayak, J. - The present appeal is preferred against the judgment and award dated 21 August 2018 passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, Fast Track, 2nd Court, Asansol, Paschim Bardhaman in M.A.C Case no. 22 of 2014 granting compensation in favour of the claimant to the tune of Rs. 3,46,800/- alongwith interest under Section 166 of the Motor Vehicles Act, 1988.

2. The brief fact of the case is that on 20 April 2013 at about 1:30 PM while the victim was returning to his house from Murgasole through Ushagram-Rahalane Road (G.T Road) by taking left side of the road and when he reached near Rambandhu Talaw the offending vehicle bearing registration no. WB-23A/4034 (tanker) moving from Burnpur side to Ushagram in a rash and negligent manner dashed the victim and other pedestrian, as a result of which the victim died on the spot. On account of sudden demise of the victim, the claimant being the mother of the deceased filed application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.12,00,000/-together with interest.

3. The respondent no.1-insurance company contested the claim application before t

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