- (1.) The Court : The appellants are the parents of the victim. They are aggrieved by an award of the Motor Accidents Claims Tribunal, Paschim Medinipur dated November 20, 2007. They filed an application in the claims tribunal claiming fault liability compensation. The application was filed on June 9, 2006.
(2.) The appellants' case was this. The victim, twenty-one and an energetic young man, was killed in an accident happening on March 15, 2006 due to rash and negligent driving of a bus no.WB-31-1414, jointly owned by one Siddheswar Ghosal and one Samser Ali Shah and covered by a valid policy issued by the insurance company. He had been carrying on fish business at Belda daily market and used to earn Rs. 5,000 per month. His death entitled them to '5.3 lakh compensation.
(3.) The owners of the vehicle filed a joint written statement asserting that at the date of the accident there was in force a policy issued by the insurance company in relation to the use of the vehicle. The insurance company filed its written statement calling upon the appellants to prove that the victim had been carrying on fish business, and that his monthly income was Rs. 5,000.;