SUKUNTALA GUPTA Vs. NEW INDIA ASSURANCE COMPANY LTD
LAWS(CAL)-2012-7-156
HIGH COURT OF CALCUTTA
Decided on July 06,2012

Sukuntala Gupta Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

- (1.) This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are as follows: The victim in the present case was a school- going girl aged about 17 years when she suffered an accident on 16.8.2007. Owing to such accident, the victim succumbed to her injuries on 11.11.2007. The accident involved an offending bus, which knocked down the victim. The victim's mother i.e. the claimant, made an application claiming compensation. The learned Tribunal passed an award of Rs. 1,00,000/- with interest. The claimant has filed the present appeal in this Court challenging the impugned judgment/award dated 14.8.2008 passed by the learned First Motor Accident Claims Tribunal, Barasat.
(2.) The learned Advocate appearing on behalf of the appellant submitted that the learned Tribunal ought to have granted an award of Rs. 1,54,500/- plus interest. The said learned Advocate cited a decision (Pato Mondal vs. New India Assurance Co. Ltd. & Anr., 2008 ACJ 1854), wherein a learned Division Bench of this Court in the case of death of minor had granted an award of Rs. 1,54,500/- with interest.
(3.) The learned Advocate appearing on behalf of the respondent-Insurance Company opposed the submissions made by the learned Advocate for the appellant and submitted that the award passed by the learned Tribunal is fully justified.;


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