SHAHEEN HAIDER Vs. THE NEW INDIA ASSURANCE CO. LTD. AND OTHERS
LAWS(CAL)-1997-12-53
HIGH COURT OF CALCUTTA
Decided on December 24,1997

Shaheen Haider Appellant
VERSUS
The New India Assurance Co. Ltd. And Others Respondents

JUDGEMENT

Bhaskar Bhattacharya, J. - (1.) This revisional application is at the instance of an applicant under section 166 of the Motor Vehicles Act, 1988 and is directed against order . dated August 4, 1997 passed by the learned Chief Judge, City Civil Court at Calcutta in M.J.C. No. 248 of 1991 thereby rejecting the prayer of the petitioner for withdrawal of compensation money on the ground that without cancellation of the original vokalatnama executed in favour of one Sri Ranendra Kishor Chakraborty, advocate, the petitioner was not entitled to apply for withdrawal of the said amount through another advocate.
(2.) The petitioner herein for self and on behalf of her four minor children filed the aforesaid application under section 166 of the Motor Vehicles Act against the opposite parties thereby claiming compensation for the death of her husband who died in a motor accident.
(3.) The aforesaid application was filed through Sri Ranendra Kisbor Chakraborty, advocate which gave rise to the aforesaid M.J.C. No. 248 of 1991. Ultimately by virtue of a joint compromise petition filed by the parties, a sum of Rs. 2, 50,000/- was decreed in favour of the present petitioner. Since Rs. 25,000/- was already paid by virtue of an order passed under section 140 of the Motor Vehicles Act, the Opposite Party No. 1 deposited the balance sum of 2,25,000/- by an Account Payee Cheque in favour of the Motor Accident Claim Tribunal, Calcutta on January 28, 1997 in full compliance of the compromise decree.;


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