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2024 Supreme(Cal) 510

SUBHENDU SAMANTA
Soma Ghosh @ Soma Barman @ Soma (Barman) Ghosh – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. Amit Ranjan Roy.
For the Respondent: Mr. Rajesh Singh.

JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal has been preferred against the judgment and award dated 30th June, 2012 passed by the learned Judge, Motor Accident Claims Tribunal, Purba Bardhaman, in MAC Case No. 54/2011/189/2011.

2. The brief facts of the case is that the present appellants being the claimants have preferred the claim application under Section 166 of the M.V. Act before the learned tribunal for getting compensation on the ground that their predecessor was died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company. The claim case was contested by the insurance Company and the owner of the offending vehicle.

3. After hearing the parties and after receiving the evidences, the learned tribunal has awarded a sum of Rs.3,68,550/- together with interest @ 7% per annum from the date of filling of the claim application in favour of the claimants.

Being aggrieved by and dissatisfied with the award passed by the learned tribunal, the present appellants/claimants have preferred this instant appeal for enhancement of the award.

4. Learned advocate for the appellants submits th

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