NATIONAL INSURANCE COMPANY Vs. JHARNA GHOSH

JUDGEMENT

(1.) This application is directed against the judgement and order dated 20.06.2006 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Burdwan in MACC No. 126 of 2005 thereby awarding compensation to the tune of Rs. 11,26,980/-.

(2.) This short fact is that on 17.05.2004 at 05.40 PM an accident took place between the motorcycle bearing No. WB-38J / 2734 and the offending bus bearing No. WB-39/0708 due to rash and negligent driving resulting in death of one Swapan Ghosh aged 42 years. The heirs of the deceased filed a claim case before the MACC Tribunal, Burdwan and in that case by the impugned order, the learned judge allowed compensation of Rs. 11,26,980/-. Being aggrieved by the said judgement and order, the Insurance Company has preferred this revisional application.

(3.) Mr. Avijit Gangopadhyay, learned advocate appearing for the petitioner has submitted that the award cannot be supported at all. In the instant case, the owner of the offending vehicle i.e. South Bengal State Transport Corporation (henceforth S.B.S.T.C) is contesting the said claim case by filing a written statement. For that reason the Insurance Company got no chance of contesting the said claim case. Even at the time of recording evidence, the Insurance Company was not allowed to adduce the evidence on the ground that the owner of the vehicle was contesting. He was severely prejudiced though he was to pay the compensation. In support of his contention Mr. Gangopadhyay has referred to the decision of 2001 (8) SCC 97 particularly paragraph No. 6 and AIR 1964 SC 497 paragraph 15 and thus he has submitted that when the petitioner was debarred from cross-examinaing the witnesses. He has the remedy by way of filing an application under Article 227 and no appeal lies in such circumstances.