Hiranmay Bhattacharyya - (1.) The instant appeal is at the instance of the Insurance Company and the same has been preferred against an award dated August 28, 2015 passed by the learned Additional District Judge, 1st Court, Asansol,-cum-Motor Accident Claim Tribunal in M.A.C. Case No. 07 of 2013 where by the claimants got an award of Rs. 29,90,000/- as compensation along with interest at the rate of 6% per annum from the Insurance Company.
(2.) The claimants being the respondents in the instant appeal filed an application under Section 166 of the Motor Vehicles Act, 1988 praying for compensation on account of death of one Rakesh Bind who met with an accident on October 26, 2011 on N.H.2 near the main gate of D.S.P., Durgapur. It was alleged in the said claim petition that when the victim was going towards Durgapur Bhiringi side from Durgapur main gate, near the main gate, a Bolero vehicle being No. WB-38 U/9695 (hereinafter referred to as "the offending vehicle") dashed him as a result of which he sustained severe injuries on his person. The local people shifted him to Mission Hospital Durgapur, but the Doctor of the said Hospital declared him dead. The death occurred due to the accident which took place as a result of rash and negligent driving by the driver of the offending vehicle. The victim was aged about 39 years at the time of the accident and used to work at Food Corporation of India Durgapur. At the relevant point of time, the deceased used to earn Rs. 38,000/- per month.
(3.) The owner of the offending vehicle who was impleaded as the Opposite party No. 1, after entering appearance in the said proceeding, filed his written statement denying the material allegations contained in the claim petition but did not participate in the said proceeding any further. As a result, the case was heard ex parte against him.;