SANKARI BANIK AND OTHERS Vs. NATIONAL INSURANCE CO. LTD. & ANOTHER.
LAWS(CAL)-2009-8-115
HIGH COURT OF CALCUTTA
Decided on August 03,2009

Sankari Banik And Others Appellant
VERSUS
National Insurance Co. Ltd. And Another. Respondents

JUDGEMENT

Bhaskar Bhattacharya, Prasenjit Mandal, JJ. - (1.) This appeal is at the instance of claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 14th February, 2003 passed by the Motor Accident Claims Tribunal, 2nd Court, Barasat, District-North 24-Parganas, thereby disposing off the said proceeding by awarding a sum of Rs. 3,00,524/- as compensation, out of which Rs. 50,000/- had already been paid in an earlier proceeding under Section 140 of the Act. Therefore, in this proceeding, the Tribunal directed the Insurance Company to pay the balance amount of Rs. 2,50,524/- within one month from the date of passing of award with a further stipulation that in default of payment within the said period, the amount will carry interest at the rate of 9% per annum.
(2.) Being dissatisfied, the claimants have come up with the present appeal.
(3.) There is no dispute as regards involvement of the victim in the accident resulting in the death and the fact that such death occurred due to rash and negligent driving on the part of the driver of the offending vehicle insured by National Insurance Company Limited. The only point involved in this appeal is as regards fixation of compensation.;


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