MITA GUPTA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) While considering the appellant's application for final disposal of the appeal, the appeal itself was taken up for hearing on consent of the parties.

(2.) The appellants herein filed a claim against the respondents/opposite parties under section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal, Burdwan, being M.A.C. Case No. 85/56 of 1996, on account of the death of one Bikash Gupta, the husband of the appellant No. 1, in an accident involving two motor vehicles on 4th December, 1995, at about 7.30 p.m., near the Saktigarh Cold Storage. A police case, being Burdwan P.S. Case No. 763 of 1995, dated 4th December, 1995, was also started in respect of the said incident under sections 279/304A Indian Penal Code on the basis of a First Information Report lodged by one Ashoke Dey.

(3.) According to the appellants, on 4th December, 1995, at about 7.30 p.m. while the deceased was driving truck No. W.B.I. 5221 coming from Burdwan another truck bearing No. WGA-5205 coming from Calcutta dashed against the truck of the deceased who died on the spot. The accident being composite in nature, the claim was made against the owners and insurers of both the vehicles. Both the insurers resisted the claim and filed separate written statements denying the allegations of rash driving and contending that the accident took place due to the fault of the deceased and that the claim was, therefore, liable to be rejected.