BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. NARESH DEBNATH AND ORS.

JUDGEMENT

(1.) Heard Mr. Kohinoor N Bhattacharji, learned counsel appearing for the appellant as well as Mr. Sougata Datta, learned counsel appearing for the respondents no. 1 to 4, the claimants.

(2.) By means of this appeal under Sec. 173 of the Motor Vehicles Act, the insurer-appellant has challenged the findings of the tribunal as to assessment of loss of dependency as returned by the judgment and award dtd. 3/6/2013 delivered in T.S. (MAC) 38 of 2012.

(3.) The brief fact relating to the accident, involvement of the vehicle bearing registration no. TR-01-D-4310 (TATA Turbo) and its coverage by the appellant is not under challenge. It is also not disputed that the victim Jhulan Debnath died in the accident that that occurred on 3/7/2012 while she was proceeding towards Melaghar by boarding the said vehicle bearing registration no. TR-01-D-4310 and when it reached near a place at Chandigarh on Melaghar- Kakrabon road it fell into the right side ditch of the road. In the said accident, the victim received fatal injuries. She was rushed to Melaghar hospital where the attending doctor declared her death. At the time of accident, the victim was 32 years of age. The dependant-claimants, the respondents herein, filed an application under Sec. 166 of the Motor Vehicles Act for compensation.