KALPANA BISWAS Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) One Swapan alias Jhantu Biswas died in a motor accident on 23/3/2006 at about 00.30 hours by the involvement of one ambassador car bearing Registration No. WNW/8403 because of its rash and negligent driving. Accident took place at Suri Rajnagar Pucca road and the victim died on the spot. The persons accompanying him raised hue and cry and tried to intercept the vehicles but failed. Ultimately, one Uttam Mahaladar who somehow noted the number of the vehicle. Police was informed and Suri PS case no. 193 / 2006 dtd. 11/11/2006 under Sec. 304A IPC was started. Deceased aged about 45 years and used to earn Rs.4,000.00 from his profession as driver. As a result, one application under Sec. 163A of the Motor Vehicles Act, 1988 was filed by the legal heirs of the deceased with a claim of Rs.3,69,500.00 as compensation.

(2.) Owner of the vehicle filed his written statement contending, inter alia, that the vehicle was insured with National Insurance Company and admitted the accident occurred on the alleged date by the involvement of his vehicle bearing no. WNW/ 8043.

(3.) National Insurance Company also contested the claim petition by filing written objection denying all material averments of the claim petition contending, inter alia, that an accident alleged to have been taken place on 23/3/2006 and that was reported before the police station on 16/10/2006 but the police refused to accept the FIR as that was filed only to grab money illegally. It is further specific case of the OP/Insurance Company that immediately after the accident inquest was held by the police personal and it was revealed that victim was sleeping on the side of the bus stand and at that time one unknown vehicle dashed the victim who succumbed to injuries and nobody witness the incident.