NEW ASSURANCE CO. LTD Vs. SAHANA BIBI

JUDGEMENT

(1.) The instant appeal is directed against an award passed u/s 163 A of Motor Vehicles Act by the Motor Accident Claims Tribunal cum- Additional District Magistrate Fast Track 3rd Court Tamluk, Purba Medinipur in MAC Case No. 21 of 2010.

(2.) The brief fact of the case is that the predecessor of the claimants/respondents namely Golam Ajahar Sk. on 4/2/2007 at about 02:00 P.M. was going to Nandigram as a helper of a Mini Truck being No. WB/290634 from Teropekhya to Nandigram. The said vehicle was running with extreme high speed endangering to human life and safety.

(3.) When the said vehicle reached at Bayal village it capsiezed on the left side on the road as a result the victim sustains serious injury all over his body and succumbed to his injuries on the way to the hospital. Thus, the claim case was preferred before the Learned Tribunal u/s 163(A) of Motor Vehicles Act. The Learned Tribunal after hearing the parties and after taking evidences allowed the claim case directing the present appellant to pay compensation to the claimant/respondents amounting to Rs.400000.00