SANGITA GHOSH Vs. REGIONAL MANAGER

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed on 29/4/2005 by the learned Judge, Motor Accident Claims Tribunal and Additional District & Sessions Judge, Alipore, 24-Parganas (South) in MAC Case No.374 of 2004 granting compensation at Rs.18,36,860.00. The claim petition under Sec. 166 of the Motor Vehicles Act, 1988 arose out of an accident which took place on 22/1/2002 at about 11.30 a.m. while the deceased Mrinmoy Ghosh was knocked down by a Truck bearing registration no. BR-13/7437 which was moving in rash and negligent manner. Thus, claim petition was filed with a prayer for compensation to the tune of Rs.26,50,000.00.

(2.) Respondent no.1 owner of the vehicle and the respondent no.2/Insurance Company contested this case by filing their respective written statements denying all material allegations in the claim petition alleged, inter alia, that no such accident took place by the involvement of the Truck, the claimants are not entitled to any compensation.

(3.) In course of the trial, three witnesses were examined. Amongst them, PW-1 and PW-3 have stated about the accident and PW-3, being the eyewitness, proved the accident and negligent driving of the Truck. PW-2, Superintendent of Bharat Petroleum Corporation Limited has deposed in this case and proved the monthly income of the deceased. Salary certificate was admitted in evidence as Ext.14/1. On the other hand, no evidence was adduced on behalf of the opposite parties.