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2017 Supreme(Online)(Cal) 18

IN THE HIGH COURT AT CALCUTTA
DIPANKAR DATTA, SAHIDULLAH MUNSHI, JJ
Claimants / Appellants – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Banik
For the Respondents: Mr. Das

1. This appeal filed by the claimants / appellants (hereafter the appellants) is directed against an award passed on 8th November, 2005 by the Motor Accident Claims Tribunal, 1st Court, Purulia in M.A.C. Case No.128 of 2004 arising out of a claim application filed by them under S.166 of the Motor Vehicles Act, 1988 . The appellants are the wife, sons and daughter of deceased Kalipada Majhi. By filing the said application, they claimed compensation for a sum of Rs.3,76,500/- (Rupees Three Lakh Seventy Six Thousand Five Hundred) only, with 12% interest per annum together with cost of the case. In the said claim application it has been alleged that the deceased, who died as a result of a motor accident on 22nd July, 2003, was aged about 55 years having a monthly income of Rs.4,000/- (Rupees Four Thousand) only. According to the appellants, such accident occurred at a place on Purulia Bokaro Road, near Chas More.

2. It is the appellants' case that on 22nd July, 2003 when the deceased, his wife and their son, Sukhari Kumhar @ Majhi were proceeding to Purulia by bus bearing no.JH - 09A / 0242, he met an accident because of the rash and negligent driving of the driver of the said bus. Acc

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