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2024 Supreme(Cal) 427

SUBHENDU SAMANTA
New India Assurance Co. Ltd. – Appellant
Versus
Bappa Ali Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rajdeep Bhattacharyya, Adv. Mr. Arpayan Mukherjee, Adv. Mr. Debasish Banerjee, Adv.
For the Respondent: Mr. L.M. Ghosh, Adv.

JUDGMENT :

Subhendu Samanta, J.

1. Delay in preferring the instant appeal is condoned.

2. The instant appeal has been preferred against the judgment and award dated 15.07.2017 passed by the learned Judge, Motor Accident Claims Tribunal, ADJ, 14th Court, Alipore, 24-Parganas (South), in MAC Case No. 44 of 2006.

3. The present respondent No. 1 injured in a road traffic accident on 25.02.2003 by rash and negligent driving of bus bearing No.WB/04/4901 by which the victim received serious fracture injuries and became permanent partial disable.

4. The respondent No. 1 filed an application for compensation under Section 163-A of the M.V. Act before the learned tribunal.

5. Owner did not contest the matter before the learned tribunal.

6. The Insurance Company i.e. the present appellant though appeared initially but subsequently did not contest the matter by filling written statement. Accordingly, the case was heard ex-parte.

7. After hearing the parties and after receiving the evidences the learned tribunal has awarded an amounting to Rs.4,23,200/-in favour of the claimants and directed the Insurance Company to pay the compensation. Being aggrieved by and dissatisfied with the said award the insta

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