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2022 Supreme(Cal) 1240

BIVAS PATTANAYAK
Banasri Banerjee Alias Banasree Banerjee – Appellant
Versus
New India Assurance Company Limited – Respondent


Advocates appeared:
Ashique Mondal, Advocate, Parimal Kumar Pahari, Advocate, Rajesh Singh, Advocate

JUDGMENT

Bivas Pattanayak, J. - The present appeal is preferred against the judgment and award dated 17 April 2015 (amended by order dated 7 July 2015) passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, 4th court, Alipore, 24-Parganas (South) in M.A.C Case no. 27 of 2010 granting compensation in favour of the appellants-claimants to the tune of Rs.35,01,276/-along with interest @ 9% per annum from the date of filing of the claim application till realisation of the entire amount under Section 166 of the Motor Vehicles Act, 1988.

2. The brief fact of the case is that on 17 February 2010 at about 2.30 hours while the victim was sitting on the driver's seat on stationed motorcycle bearing no. WB-20S-6189 beside the road, at that time the driver of the offending vehicle bearing no. WB-19-2404 (bus) in a rash and negligent manner dashed the said motorcycle as a result of which the victim sustained severe injuries and was removed to the hospital where the attending doctors declared him dead. On account of sudden demise of the victim, the claimants being his legal heirs and representatives filed application under Section 166 of the Motor Vehicles Act, 1988

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