NATIONAL INSURANCE CO. LTD Vs. TILAK BARAILY

JUDGEMENT

(1.) Ld. Advocate Mr. Rajesh Singh has appeared on behalf of the appellant Insurance Company. None appears on behalf of the respondents in spite of the repeated calls. Since this appeal is pending since 2013, I am inclined to dispose of this appeal on merit.

(2.) In an accident, claimed to have been occurred on 28/12/2008 at about 7.00 a.m. at Rishi Road, Below Hospital, Pedong under the Police Station, Kalimpong, wherein claimant Tilak Baraily sustained injury. It is specific case of the claimant/injured, according to column 23 of the claim petition, that the accident took place due to failure of 'break-system'.

(3.) Accordingly instant claim petition was filed on 11/3/2010 before the Ld. Motor Accident Claim Tribunal, Kalimpong district Dargeeling with a prayer for compensation to the tune of Rs.5,00,000.00 in terms of 25 years age of the claimant/ injured having income of Rs.8,000.00 per month from his profession i.e. driver of Motor vehicle. The said claim petition was registered as Motor Accident Claim Case No. 22 of 2010.