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IN THE HIGH COURT AT CALCUTTA
DIPANKAR DATTA, SAHIDULLAH MUNSHI, JJ
Claimants / Appellants – Appellant
Versus
Oriental Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. claimants allege negligence in the driver's conduct of the bus. (Para 1 , 2) |
| 2. the insurance company disputes liability and details circumstances of the accident. (Para 3 , 4) |
| 3. references to past case law focus on evidence and liability in negligence claims. (Para 10 , 12 , 14) |
| 4. court reinforces the requirement of proof of negligence for compensation. (Para 22 , 23) |
| 5. final ruling is a dismissal of the appeal without costs. (Para 25 , 26) |
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 age
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