Subhasis Dasgupta, J. - (1.) The judgment and order dated 24th March, 2017 passed by the Motor Accident Claim Tribunal Asansol granting compensation to respondents/claimants is the subject matter of challenge in the instant appeal.
(2.) Tribunal while awarding compensation of Rs.37,59,500/- with interest at the rate of 6% per annum from the date of filing of this case, had elaborately dealt with the facts and circumstances leading to accidental death of deceased victim. Some crucial facts, however, may be adhered to for the decision of this appeal. A 26 years old young man working in ECL suffered death being a victim of road traffic accident after being dashed by offending car bearing No. WB:02J/5455 due to rash and negligent driving on 18.01.2013 at about 9.00 PM, while the victim, motorcyclist was driving his motorcycle taking two pillion riders and reached at Topsi Rail Gate on NH:60. The victim motorcyclist with two other pillion riders fell down on the road sustaining serious injuries. One of the pillion riders suffered death, while the other pillion rider received bodily injury. The victim motorcyclist for his serious fatal injuries was moved to SD Hospital, Asansol for securing his medical attention, and therefrom shifted to Mission Hospital, Durgapur where he ultimately succumbed to injuries on 28.01.2013. The claim case before the Tribunal was initiated by the mother, widow of deceased victim and minor son being dependent of deceased victim.
(3.) The insurance company/appellant challenged the award alleging non-involvement of the offending vehicle on the score that the inquest report, marked Exhibit-'A', did not contain anything revealing conspicuous involvement of the offending vehicle at the time of accident, and further that the deceased victim, motorcyclist having carried two pillion riders making contravention of Section 128 of Motor Vehicles Act, the insurance company could not be foisted with the liability to indemnify the claimants.;