S.K.Mookherjee, Satyabrata Mitra, J. - (1.) This appeal is directed against Order No.62, dated 30.9.74 passed by the learned member, Motor Accident Claims Tribunal, in M.A.C. No.233 of 1969. By the said Order the learned Member held that the death of the deceased Bhramar Barrick was caused by the rash and negligent driving of the offending vehicle and the applicant Sm. Rambha Barrick was the real widow of the deceased Bhramar Barrick and awarded her compensation to the tune of Rs. 22,400 against the opposite parties. The learned Member further directed that the said sum of Rs. 22,400 be realised from the opposite party No. 2, i.e., the Insurance Company. The Insurance Company, being the opposite party No. 2, has preferred this appeal before this Court.
(2.) The case of the applicant was that on 2nd August, 1969 at 7.30 a.m. her husband Bhramar Barrick was knocked down by a private car No. WBG 5354 at the junction of Darga Road and C.I. T. Road under the Police Station Beniapukur and consequently he died on 5.8.69 at the Chittaranjan Hospital.
(3.) Both the owner of the offending car and the Insurer thereof filed written statements denying the allegations of the claimant.;