KALPANA RUIDAS Vs. SHRIRAM INSURANCE COMPANY LTD.

JUDGEMENT

(1.) On 23/3/2011 at about 4.30 p.m. one Budho Ruidas was proceeding through NH2 on foot after finishing his work as grease mistri from Adarsha Hotel. One TATA 407 bearing WB-41D/7859 coming with high speed dashed said Budho Ruidas who succumbed to his injury on the spot. The accident took place due to rash and negligent driving.

(2.) The legal heirs of Budho Ruidas filed an application under Sec. 166 of the Motor Vehicles Act, 1988 with a prayer for claim of Rs.6,00,000.00. It is stated in the application that at the time of accident Budho Ruidas was a man of 42 years having income of Rs.200.00 per day as manual work of grease.

(3.) Owner of the vehicle did not contest the application. Shriram General Insurance Company Limited (OP3) contested the application by filing a written objection denying all averments of the claim petition contending, inter alia, that alleged manner of accident has not been stated in the First Information Report which was lodged after 27 days of the accident.