PARICHAY SAHA Vs. DIPASISH GUHA

JUDGEMENT

(1.) Petition under Sec. 166 of the Motor Vehicles Act, 1988 filed by the injured/claimant stands rejected by the Tribunal on the ground that claimant could not prove, in accordance with law, the issues reproduced herein under:-

(2.) Mr. Suman Bhattacharjee, learned counsel, inviting attention of this Court to the decision rendered by the Apex Court in the case of Vidhyadhar v. Manikrao and another; (1993) 3 SCC 573, contends that the Tribunal committed an error in not appreciating that when the owner or the insurer never challenged the appellant's case by leading any evidence, based, on the testimony of the father of the claimant, petition ought to have been allowed.

(3.) The alleged accident took place on 8/6/2015. At that time, claimant Parichay Saha was sitting as a pillion rider on motor bike bearing No. TR-01V-7134 driven by his friend respondent-Dipashish Guha also owner thereof, insured with M/S. Oriental Insurance Company Limited.