DIPANKAR DATTA,J. - (1.) A member of the armed forces (hereafter the victim) lost his life in a motor vehicular accident on June 18, 2011, near his home town, while he was driving a motor cycle. A collision of the motor cycle with a Maruti Swift (hereafter the offending vehicle) coming from the opposite direction led to the victim being thrown off and suffer multiple injuries. For treatment, the local people shifted the victim to a nearby hospital. Ultimately, the victim succumbed to such multiple injuries. At the time of his death, the victim was 34 years old and had a monthly income of Rs. 22,364/-. He left behind him his widow, a minor son of 7 (seven) years and his mother. The widow of the victim was also at an advanced stage of pregnancy, when she lost her life-partner.
(2.) On August 5, 2011, the widow, minor son and mother of the victim (hereafter the claimants) approached the relevant motor accident claims tribunal (hereafter the tribunal) under section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) by presenting an application in the form prescribed by the West Bengal Motor Vehicles Rules, 1989 (hereafter the WBMV Rules) being Form COMP A. It was alleged therein that rash and negligent driving of the offending vehicle caused the accident and, therefore, the claimants prayed for compensation in a sum of Rs. 50,00,000/- plus interest and costs.
(3.) Form COMP A does not require any individual/entity to be impleaded as a respondent/opposite party in the claim application and hence there was no formal impleadment of the owner of the offending vehicle or its insurer as respondents/opposite parties. However, their respective particulars were mentioned against sl. nos. 16 and 17 of the claim application.;