- (1.) The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Durgapur, dated 8.9.2003 ordering it to pay the compensation of Rs. 50,000 under section 140 with 9 per cent per annum interest.
(2.) Notice of appeal was duly served on the claimants. Records reveal that they entered appearance through one Mr. Subrata Bhattacharya, Advocate. The appeal was taken up for hearing yesterday. Since Mr. Bhattacharya was absent, hearing was adjourned for giving the claimants another opportunity of contesting the appeal. For reasons known to him, Mr. Bhattacharya is absent today as well. We do not find any reason to adjourn the hearing again.
(3.) The parents and an unmarried sister of one Shib Shankar Ghosal filed an application before the Claims Tribunal under section 140 of the Motor Vehicles Act, 1988 on 27.8.2001. Their case was this: Shib Shankar (26) was a businessman. His motor cycle No. WB 40-E 4561 was covered by a valid policy issued by the insurance company. Riding the motor cycle he was coming from Bolpur towards Durgapur on 24.12.2000 when a rashly and negligently driven track coining from the opposite direction dashed the motor cycle. He was seriously injured in the accident and died in hospital.;