ORIENTAL INSURANCE COMPANY LIMITED Vs. SWAPNA GHOSH

JUDGEMENT

(1.) This is an appeal filed on behalf of the Oriental Insurance Company Limited, challenging the judgment and order dtd. 31/5/2007 passed by Learned Judge, 4th Bench, City Civil Court at Calcutta in M.J.C no. 288 of 2005, under Sec. 166 of the Motor Vehicles Act, whereby a direction for apportionment of compensation between the appellant (Oriental Insurance Company Ltd.) and respondent no. 4 (National Insurance Company Ltd.) was given.

(2.) In fact, main ground of the appeal is that the order for apportionment of compensation between Oriental Insurance Company Ltd. and National Insurance Company Ltd., was bad in law as the accident took place only due to negligent act on the part of the driver of truck.

(3.) On 21/5/2005 at about 00.00 hours one truck, bearing Reg. No. WB-25-9952, was plying through National Highway No. 34 with a very high speed and in rush and negligent manner and all of a sudden pushed its break and stopped the vehicle. At that time, one Qualis Car, bearing Reg. No. WB-02T4430, plying on the same road following the truck, dashed the truck. At the same time, one Bolero Car bearing Reg. No. WB-60-9313 coming with high speed following that Qualish Car, could not control its speed and smashed the said Qualish Car, where husband (since deceased) of the claimants No. 1was travelling from Siliguri to Calcutta along with others. The said accident took place within the jurisdiction of Police Station, Karamdighi where a Police Case No. 79/2005 dtd. 21/5/2005 was started.