SANKAR GHOSH Vs. SANTOSH BANIK

JUDGEMENT

(1.) The challenge limited in nature is led by the owner of the vehicle with regard to the findings returned in Para 21 of the impugned award, whereby liability to pay the amount of compensation stands determined to be that of the owner and not the insurer.

(2.) Before this Court, it is not disputed, in fact, admitted that on 23/3/2014, claimant Sri Santosh Banik was hit by a Truck bearing No.AS-01-AC-5297 (TATA SE 1613 Turbo) as a result whereof, he sustained injuries.

(3.) In the claimant's petition, filed under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act'), the Tribunal framed the following issues:-