RAMPUKAR SHOW Vs. BIDUR BANERJEE

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 18.5.2002 passed by the Judge, M.A.C.T., 2nd Court, Bankura in a proceeding under section 166 of the Motor Vehicles Act registered as Motor Accident Claim Case No. 26/99 / 157/97

(2.) The claimant/petitioners Bidur Banerjee and two of his minor children made the application on 20.11.97 praying for compensation to the extent of Rs. 5 lacs on the allegation that on 9.11.96 at about 1 p.m. Hansi Chatterjee (Banerjee), the deceased, the wife of the petitioner Bidur and mother of the other petitioners was proceeding on foot towards Bishnupur through Radhanagar. From Bishnupur side suddenly a truck No. WBI-7191 came at an excessive speed and the victim was run over by such vehicle causing severe injuries on her vital parts of the body. After the accident, the victim was referred to Bishunupur Sub-Divisional Hospital where she succumbed to her injuries at about 2 p.m. on the same day. The petitioners have filed the application on the specific allegation that the accident took place due to rash and negligent driving of the offending vehicle, on a further allegation that the victim at the time of her death was aged about 46 years and she was Health Supervisor attached to Radhanagar Primary Health Centre. Due to the unfortunate death of the victim the two minor petitioners who were aged 9 years and 6 years respectively at the time of such accident lost their mother at their tender age. The petitioners also claimed the compensation for mental agony, financial loss etc.

(3.) In this proceeding there were 3 O.Ps including the Insurance Company. The Insurance Company (Oriental Insurance Co. Ltd.) in their written objection clearly stated that they were not liable to pay compensation to the petitioners because the offending vehicle was not insured with the O.P./Insurance Company on the date of accident that is to say on 9.11.96 and such offending vehicle was insured upto 7.11.96. Amongst two alleged owners, O.P. No. 2, the Managing Director of M/s. Cadila Leasing and Finance Co. Ltd. alleged that the Company was not liable to give any compensation because the offending vehicle had already been sold to Rampukar Show on 12.12.88 and the authority concerned was duly intimated about such transfer. The O.P./Company, further disclosed in the written objection that the name of the Company had already been changed to M/s. Glitter Leasing and Finance Company (P) Ltd. O.P. Rampukar Show in his written objection stated that he was not a registered owner of the said vehicle on the date of accident that is to say on 9.11.96 but the said Cadila Leasing and Finance Company continued as the registered owner of the vehicle and also took the plea that the accident caused due to negligence on the part of the victim Hansi Banerjee.