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2024 Supreme(Cal) 1430

SHAMPA DUTT (PAUL)
Hazera Mondal – Appellant
Versus
ICICI Lombard General Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. Krishanu Banik, Mr. Tathagata Banik.
For the Respondents: Mr. Sayak Majumder.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The appeal has been preferred against the Judgment and Award dated 22nd day of August, 2013 passed by the Learned Judge, Motor Accident Claims Tribunal, 1st Court, Burdwan (hereinafter called as the Learned Tribunal Judge) in M.A.C. Case No. 57 of 2010.

2. The facts of the case is as follows:-

    That on 19.07.2010 when the Victim being a Khalasi was traveling in a truck bearing No. NL-05-D-7177 which was going through the Panagarh-Moregram road towards Illambazar side, at about 01.05 hours when the said truck reached near Baruipur More, it dashed another truck bearing No. WB-57A-5684 from backside. As a result, the victim sustained severe injuries and died on spot. Over the said accident Illambazar P.S. Case No. 100/10 dated 19.07.2010 U/s- 279/427/304A I.P.C. was started. At the material point of time, the victim was aged about 26 years and was a Khalasi of the said truck No. NL-05-D-7177 and used to earn Rs. 3,300/- per month and due to his sudden demise, claimants being parents of the deceased and legal heirs of the deceased, suffered severe mental pain and agony, other than financial distress. Accordingly they have filed the instant appli

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