NATIONAL INSURANCE CO. LTD. Vs. MELO KISKU

JUDGEMENT

(1.) The instant appeal arises out of a judgment and award dtd. 24/9/2010 passed by Learned Judge, Motor Accident Claims Tribunal- cum -Additional Sessions Judge, Fast Track, 1st Court, Malda in M.A.C. Case No. 61 of 2010, thereby the Ld. Tribunal awarded a compensation to the tune of Rs.3,50,000.00 on contest against the Appellant/National Insurance Company Limited and ex parte against owner of the offending vehicle. National Insurance Company has been directed to pay the said amount within two months from the date of judgment failing which the amount will carry interest at the rate of 6% per annum till the date of realisation under Sec. 163A of the Motor Vehicles Act,1988.

(2.) Sans otiose details, the fact of the instant case is that on 2/2/2010 the victim Durga Hembram was standing by the side of the road of Pakua ' Nalagola, at that point of time the offending vehicle bearing No. WB 65/2442 was coming from Pakua side towards Nalagola side with excessive speed and in negligent manner and suddenly dashed the victim Durga Hembram as a result he sustained injuries. He was removed to Nadipakua Hospital and thereafter he was further referred to Malda Sadar Hospital, where he succumbed to his injuries. The claimants have filed this case under Sec. 163 (A) of the Motor Vehicles Act against the Insurance Company and the owner of the offending vehicle.

(3.) The National Insurance Company has contested the case by filing written statement denying all material facts and allegations as made out in the claim application. Whereas, owner of the offending vehicle did not contest the case from initial stage. The claimant herself examined as P.W. 1 and P.W. 2 is an eye witness. P.W. 1 has proved that the offending vehicle was involved in the said accident and accident took place when offending vehicle knocked down the victim on the road when he was standing. The contention of the P.W. 1 has been supported by P.W. 2. He stated that at the time of accident, he was sitting at a nearby tea stall. He saw the accident. After the accident, he lodged an FIR at Bamongola P.S. The claimants have produced the copy of FIR, seizure lists, RC book, charge sheet, post mortem report and those documents are marked as Exhibits 1 to 7. The learned Tribunal after assessing and scanning the evidence of the P.Ws. 1 and 2 observed that the offending vehicle bearing No. WB 65/2442 was involved in the accident and due to rash and negligent driving of the driver of the offending vehicle accident was occurred and, in such accident, the victim Durga Hembram was expired due to injuries suffered by him.