GOURI KANTA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal is directed against the judgement and award dtd. 30/7/2010 passed by Ld. Judge, Motor Accident Claims Tribunal, 2nd Court, Malda in connection with M.A.C Case no. 195 of 2009 under Sec. 166 of the Motor Vehicles Act, 1988, whereby Ld. Judge granted the award to the tune of Rs.1,69,500.00 out of total claim of Rs.15,30,000.00.

(2.) According to claimants/ appellants, the incident took place on 12/3/2009 in the midnight while one Tata Sumo vehicle bearing Reg. No. WB 66C/1234 moving with high speed on the National Highway 34, dashed one stone loaded stationary truck bearing Reg. No. WB-15A/4524, near village Chhalakata. In the result, the victim travelling with that Tata Sumo Vehicle sustained injuries on her person and succumbed to her injuries.

(3.) After the accident, Malda Police Case No. 51 of 2009 dtd. 12/3/2009 under Sec. 279/304 of Indian Penal Code was started and charge sheet was submitted against the driver of the Tata Sumo vehicle. Ld. Tribunal recorded the evidence of husband of the victim as PW-1 and driver of the Tata Sumo vehicle as PW-2. In course of evidence of PW-1 a good number of documents including Police Reports, PM Report ,copy of Insurance Policy, copy of Income Tax Return with balance sheet were admitted in evidence as exhibit 1to 7.