TALUKDAR,J. - (1.) ''Legalese and logomachy have the genius to inject mystique into common words, alienating the laity in effect from the rule of law......." Krishna Iyer, J. writing the Judgment for the Constitution Bench in Bangalore Water Supply & Sewerage Board v. -4. Rajappa & Ors., (1978)2 SCC 213 had held the same long long years ago, which still has its equal impact as it had at the relevant point of time.
(2.) WE are caught in a situation where unless the complex is made simple, we would be afraid, that it would not be Just Justice in a case where there has been a cry for Just Compensation. It is in such curve we would look into the entire issue, which has surfaced in this Appeal keeping in mind the observation of Justice Oliver Wendel Holmes ; "the life of the law has not been logic; it has been experience. The felt necessities of the times, the prevalent moral and political theories, institutions ,of public policy, avowed or unconscious, even the prejudices which judges share with their fellow men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed." Acting on the basis of a Claim Petition filed under Section 163-A of the Moror Vehicles Act (hereinafter referred to as the 'said Act') by the Appellants the learned Motor Accident Claims Tribunal, Second Court, Nadia in connection with M.A.C. Case No. 477 of 2003 returned an award of Rs. 2,63,000/- after application of a default clause that in the event the same is not disbursed within a period of sixty days, it would carry an interest @8% per annum.
(3.) HENCE this appeal. In order to have a grasp over the entire matter certain facts, which are undisputed, are required to be reiterated.;