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2023 Supreme(Cal) 191

BIBHAS RANJAN DE
Senjuti Roy (Nee Sengupta) – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant:Ashique Mondal, Advocate.
For the Respondents:R1, Parimal Kumar Pahari, R2, Sanjay Paul, Advocates.

JUDGMENT

1. This appeal is directed against the judgement and award passed by Learned Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court whereby Ld. Judge awarded a sum of Rs. 60,000/- towards pain and suffering and also Rs. 20,000/- towards medical expenses in favour of the claimant /appellant.

2. The claim petition under Section 163A of the Motor Vehicles Act, 1988 arose out of injury sustained by Senjuti Roy in an accident alleged to have been occurred on 24.12.2001 at about 9.40 hours while drivers of the two vehicles bearing no. WBU-1567 (mini bus) and WBS-2743 (bus) were driving in rash and negligent manner through GR road coming from opposite direction and collided with each other. As a result, claimant Senjuti Roy sustained severe injuries and removed to hospital. Both the drivers of the vehicles were responsible for the accident. That is why, claimant filed the claim petition with a prayer for compensation to the tune of Rs. 3,20,000/-along with medical expenses and interest. Both the Insurance Companies namely New India Assurance Company and Oriental Insurance Company Limited contested the claim petition by filing their respective written objection

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