NATIONAL INSURANCE CO LTD Vs. BISWAJIT BANK

JUDGEMENT

(1.) The present set of three writ petitions are against three judgments and awards, which were passed, on 21.08.2001, 07.08.2001 and 21.08.2001 by the learned Member, MACT, on analogous hearing of three claim petitions made under Section 166 of the Motor Vehicle Act, 1988, namely, TS (MAC) No. 160/99, TS(MAC) No. 157/99 and TS(MAC)No. 147/99 respectively. WP(C) No. 180 of 2002 [TSfMAO No. 160/99]

(2.) Heard Mr. A. Lodh, learned counsel for the petitioner and Mr. A. Gon Choudhury, learned counsel appearing on behalf of the respondent No. 4. Also heard Mr. T. Ali, learned counsel appearing on behalf of the respondent Nos. 2 and 3.

(3.) The case of the claimant may, in brief, be stated as follows:- On 18.02.99, at about 10 AM, when Biswajit Banik, aged about 31/2 years, was travelling with his mother, Bina Devi Brahma, in an auto-rickshaw bearing registration No. TRT-2089 over the Agartala Airport road, the Autorickshaw collided against a bus bearing No. TR-01 -1230, both the vehicles having been driven rashly and negligently. The said minor, Biswajit Banik, as well as his mother, Bina Debbarma, were severely injury. However, while Biswajit survived, his mother, Bina, succumbed to her injuries. The claimant accordingly demanded Rs. 6,00,000/- as compensation for the injuries sustained by the said minor.