Hiranmay Bhattacharyya - (1.) The instant appeal arises out of a judgement dated June 30, 2016 passed by the Learned Additional District Judge, 9th Court at Alipore-cum-Motor Accident Claim Tribunal in MACC No. 6 of 2010. The claimants have filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 81,20,000/- towards loss of dependency on account of death of one Avishek Chakraborty alias Abhishek Chokravarty.
(2.) In the claim petition, the claimants have alleged that on January 27, 2010 while Abhishek Chakraborty (hereinafter referred to as the 'victim') was riding his motor cycle and was moving through the road below the railway bridge in front of Airoli Sector-5, TJunction Navi Mumbai, under Police Station Rabella, a private bus (hereinafter referred to as an 'offending vehicle') colluded with the motor cycle. The accident was caused due to rash and negligent driving by the driver of the offending vehicle. As a result of such accident, the victim suffered severe injury on his person. He was taken to hospital where he succumbed to his injury on the same day at about 12:00 Hrs. It was further stated in the claim petition that the victim was engaged as a senior relationship manager with Vantage Insurance Broker Private Ltd. The monthly salary of the said victim was Rs. 50,514/-. At the time of accident, the victim was aged about 29 years. The claim petition was filed by the wife, minor daughter, mother and father of the victim.
(3.) The owner of the vehicle was impleaded as the Opposite Party No.1. In spite of service of notice, the owner of the offending vehicle chose not to contest the said proceedings and as such the proceeding went ex parte against him.;