STATE OF WEST BENGAL Vs. STATISH SHARMA
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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Anil Kumar Sen, J. -
(1.) THIS is an appeal by the State of West Bengal under Section 110 -D of the Motor Vehicles Act.
(2.) THE subject matter of challenge is an award made by the Motor Accidents Claims Tribunal for Calcutta and 24 Parganas (the 13th Additional District Judge, Alipore) dated August 5, 1975. One Capt. V.K. Sharma died as a result of a road accident on April 11, 1970, when while he was proceeding on his scooter from south to north along Belvedere Road his scooter was hit by a prison van belonging to the Appellant bearing No. WBC 9320. In lodging the claim under Section 110 -A(1)(b) of the Motor Vehicles Act the claimants, namely the widow and the minor daughter of the deceased, made out a case that the driver of the prison van was driving the said van in a rash and negligent manner, took a vicious wide left turn at speed without any horn and knocked down the deceased who was on the extreme western side of the Belvedere Road. The scooter was totally wrecked and the deceased was thrown into a nearby ditch wherefrom he being removed to the S.S.K.M. Hospital, died of his injuries shortly after he was admitted to the hospital.
In the application for compensation the claimants preferred a claim to the tune of Rs. 2,50,000/ - by way of compensation. According to the claimants, the deceased was aged about 30 years at the time of his death and being employed with IMC -Vogal Industries was earning an income of Rs. 1,000/ - per month.
(3.) THE claim was contested on behalf of the Appellant State of West Bengal and an objection was filed. According to the State of West Bengal, the accident was not due to any rash and negligent act on the part of the driver of the prison van but it was due to failure of the brake. The amount of the compensation claimed was also contested.;
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