- (1.) This First Miscellaneous Appeal is directed against the judgement and/or award passed by the learned Additional District Judge/Motor Accident Claim Tribunal Judge, Birbhum at Rampurhat on 21st August, 2013 in Motor Accident Claim Case No.32 of 2012 at the instance of the Insurance Company. A cross-objection has also been filed by the claimants praying for enhancement of the compensation and for grant of interest under Section 171 of the Motor Vehicles Act.
(2.) The claimants are the parents of the victim who died in a motor accident which occurred on 22nd May, 2010 due to rash and negligent driving of the offending vehicle being No.WB02Z3357. The offending vehicle was insured at the relevant time under a policy of insurance issued by the United India Insurance Company Ltd. The claimants filed an application under Section 163A of the Motor Vehicles Act, 1988 claiming compensation on account of accidental death of their only son. As per the post-mortem report, the victim was aged about 21 years at the time of his death. He was unmarried. He was a Khalasi under Khurshid Alam. He used to receive salary @ Rs.3,000/- per month. The claimants estimated the loss of dependency on account of the accidental death of their son at Rs.5 lakhs. Accordingly, they claimed a sum of Rs.5 lakhs on account of compensation due to accidental death of their only son.
(3.) The Insurance Company contested the said proceeding by filing written objection denying the material allegations. The Insurance Company also questioned the maintainability of the said application in its present form and law.;