KABIA BEGUM Vs. NATIONAL INSURANCE COMPANY LTD.
LAWS(CAL)-2013-4-128
HIGH COURT OF CALCUTTA
Decided on April 01,2013

Kabia Begum Appellant
VERSUS
National Insurance Company Ltd. and Ors. Respondents

JUDGEMENT

Jyotirmay Bhattacharya, J. - (1.) WHILE considering the appellants' application for expeditious hearing, we were requested by the learned Advocates of both the parties to dispose of the appeal itself on merit after hearing them. Accordingly, the appeal itself is taken up for hearing. Since the owners of the offending vehicles did not contest the claim case before the Tribunal, requirement of service of notice of appeal upon the owners of the offending vehicles is dispensed with on the prayer of the learned Advocate appearing for the appellants. Thus, the appeal is treated as ready as regards service upon the respondents.
(2.) LET us now consider the merit of the instant appeal in the facts of the instant case. This appeal is directed against the judgment and/or award dated 21st December, 2009 passed by the learned Motor Accident Claims Tribunal, Special Court, Paschim Medinipur in M.A.C. Case No. 31 of 2009 at the instance of the claimants/appellants.
(3.) THE instant appeal has been filed by the claimants/appellants as the learned Tribunal while assessing the compensation amount payable to them on account of accidental death of the victim in a motor accident occurred on 31st December, 2008 refused to accept the claimants' claim regarding the income of the deceased as Rs. 4,000 per month.;


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