SUBAL MODAK Vs. SUKUR ALI SK
LAWS(CAL)-2010-6-100
HIGH COURT OF CALCUTTA
Decided on June 23,2010

SUBAL MODAK Appellant
VERSUS
SUKUR ALI SK. Respondents

JUDGEMENT

- (1.) THIS appeal is at the instance of a claimant in a proceeding under section 163A of the Motor Vehicles Act and is directed against an award dated 29th June, 2002 passed by the Motor Accident Claims Tribunal, Nadia in MAC Case No. 266 of 2000 thereby disposing of the said proceeding by awarding a sum of Rs. 1,15,000/- as compensation in favour of the claimant with a direction upon the Insurance Company to pay the said amount within a month from the date of the award with further condition that in default, the amount should carry interest at the rate of 11% per annum till the date of realization.
(2.) BEING dissatisfied the claimant, the father of the bachelor victim, has come up with the present appeal. There is no dispute as regards the death of the victim in the accident, where the offending vehicle was insured by the United India Insurance Company Limited. According to the claimant, the victim used to work in a jewellery shop and used to earn Rs. 3,000/- a month and was aged 25 years.
(3.) THE learned Tribunal below accepted ail the assertions of the claimant except the one that the victim used to earn Rs. 3,000/- a month. In this case, the owner of the Jewellery Shop appeared as PW 3 to support the claimant. He also proved the certificate given by him certifying he used to pay Rs.3,000/- a month to the victim.;


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