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2024 Supreme(Cal) 370

AJAY KUMAR GUPTA
Halima Khatun – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. Krishanu Banik, Adv.
For the Insurance Company : Mr. Sanjay Paul, Adv., Ms. Jayita Ghosh, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

1. Appellants/claimants have filed this First Miscellaneous Appeal being aggrieved by and dissatisfied with a judgment and award dated 30th day of August, 2011 passed by the Motor Accident Claims Tribunal, R-D Court, Additional District Judge, Paschim Medinipur in M.A.C. Case No. 363 of 2010 thereby the learned Tribunal awarded a compensation to the tune of Rs. 4,17,500/-from the Respondent No.1/National Insurance Company Limited together with simple interest @ 9% per annum from the date of filing of this claim application i.e. 29.09.2010 till final realization in an application filed by the wives and his minor children under Section 166 of the Motor Vehicles Act, 1988 in connection with death of victim, Sk. Manirul Islam caused due to motor traffic accident.

2. The brief fact of the case of the appellants/claimants to the effect that on 07.09.2010 at 3.40 pm when the deceased was coming back to his residence from Kolaghat and when he reached near Mechogram on NH-6, one Maruti van bearing No. WB-34T/4997 was coming from opposite side with tremendous speed dashed the motorcycle of the victim in a rash and negligent manner as a result, the victim died o

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