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2024 Supreme(Cal) 761

SUBHENDU SAMANTA
Uttara Gorai – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Krishanu Banik.
For the Respondent: Mr. Parimal Kumr Pahari

JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal has been preferred against the judgment and award dated April 10, 2012 passed by the learned Judge, Motor Accident Claims Tribunal, 2nd Court, Bankura, in M.A.C. case No. 35/44 of 2011/2009.

2. The brief fact of the case is that the present appellant being the claimant preferred an application before the learned Tribunal under Section 166 of the Motor Vehicles Act for getting compensation from the Insurance Company on the ground that their predecessor 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 was contested by the Insurance Company by filing written statement.

3. After hearing the parties, the learned Tribunal has awarded a sum of Rs.2,85,000/- in favour of the claimants and directed the present respondent no.1 to pay the compensation.

4. Being aggrieved by and dissatisfied with the impugned award, the present application has been preferred by the claimant for enhancement of the compensation.

5. Learned advocate for the appellants submits that award passed by the learned Tribunal is erroneous. The learned Tri

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