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2023 Supreme(Cal) 1296

BIVAS PATTANAYAK
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Sekh Mariyam Bibi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gopa Das Mukherjee.
For the Respondent: Jayanta Kumar Mandal.

JUDGMENT :

BIVAS PATTANAYAK, J.

1. The present appeal is preferred against the judgment and award dated 15 May 2015 passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, Fast Track, 1st Court, Diamond Harbour, 24-Parganas (South) in M.A.C. Case No. 54 of 2013 granting compensation in favour of the claimants to the tune of Rs. 52,86,836/- together with interest under Section 166 of the Motor Vehicles Act, 1988.

2. The brief fact of the case is that on 28 November 2011 at about 13:00 hours while the victim was coming by a van rickshaw from Nagendra Bazar towards Diamond Harbour and on the way when he reached near Bally More at that time the offending vehicle bearing registration no. WB-41E/5292 (Lorry) which was coming from opposite direction in a high speed and in rash and negligent manner dashed the said van rickshaw, as a result of which the victim sustained multiple injuries on his person. Immediately the local people shifted the victim to Diamond Harbour Sub-Divisional Hospital wherefrom he was referred to Kolkata for better treatment but on the way he died. On account of sudden demise of the deceased victim, the claimants being the wife and sons f

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