RUPSUNA BIBI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) One Sk. Samsul Haque died on account of injuries sustained in a motor accident which took place on 08/09. 02. 2002 at about 2.45 a.m. on G.T Road, near village Fagupur under PS Burdwan by the involvement of one truck bearing registration no. HR/38C-2365 and one bus bearing no. WB-41A/5952. As a result, both the drivers of the two vehicles died. This is the claim application filed by the legal heirs i.e. wife of deceased Sk. Samsul Haque and her three minor children. Deceased Sk. Samsul Haque was driver of the bus bearing registration no. WB 41A/5952. After the accident Burdwan PS Case No.25/96 of 2002 dtd. 9/2/2002 under Sec. 279/ 337/338/422 and 304A I.P.C was started. Claimants filed the application under Sec. 166 of the Motor Vehicles Act,1988 claiming compensation to the tune of Rs.6,48,000.00.

(2.) Both the Insurance Companies i.e. New India Assurance Company Ltd. and Oriental Insurance Company Ltd. were made parties to the claim application. New India Assurance Company contested the claim application by filing a written statement denying all contentions of the claim petition contending, inter alia, that compensation should be awarded against the vehicle no. HR 38C/2365 and the New India Assurance Company Ltd. is not liable to pay any compensation to the claimants.

(3.) Oriental Insurance Company also contested the claim petition by filing a written statement denying any liability whatsoever.