T.C.DAS
Maharani Dey and others – Appellant
Versus
Debabrata Bardhan and another – Respondent
Judgement
- This petition is made under S.115 of C.P.C. against the order dt. 7-3-79 passed by the learned Member, Motor Accidents Claims Tribunal in Motor Accident Title Suit No. 7 of 1974 rejecting the praver of the petitioners who wanted to be substituted in place of the deceased claimant. The predecessoring-interest of the etitioner (Rebati Mohan Dey since deceased, was knocked down in accident wherein he was injured by the bus belonging to the opposite party No. 1. Shri Debabrata Bardhan. This occurred on 18-11-73 as a result of which Rebati Mohan Dey sustained a serious injury and his two legs had to be amputated. He filed a claim petition in the Court of the Motor Accidents Claims Tribunal claiming compensation for such injury to the extent of Rupees 40,000 and impleaded the owner of the bus as opposite party No. 1 and the New India Assurance Company as opposite party No. 2 in the said claim application. During the pendency of the claim petition, the claimant Rebati Mohan Dey having died, the present petitioners being the legal heirs and representatives, made an appli
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