SK. JIARUL Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Claim petition under Sec. 166 of the Motor Vehicles Act was filed by one Sk. Jiarul, who reported to have sustained injury in an accident happened on 17/3/2005 at about 7.00 a.m. by the involvement of one truck bearing no. WB 41B/5536 proceeding towards Burdwan through Burdwan-Arambagh Road, near Uchalan Amtala said truck dashed another stationary truck due to break fail. As a result, victim sustained severe injury on his right leg, he was admitted in Burdwan Hospital for treatment and became unemployed. At the time of accident, he was Khalashi of truck and aged about 19 years.

(2.) After the accident Madhabdihi Police Station Case No. 17 of 2005 dtd. 17/3/2005 under Sec. 279/338/427 IPC was started and ended with Charge sheet.

(3.) Owner of the truck contested the claim petition by filing a written statement admitting the accident alleged in this case contending, inter alia, that amount of claim is excessive. Insurance Company also contested the case by filing written statement denying all material averments of the claim petition contending, inter alia, that injured did not sustain injury in any accident by the involvement of the truck being no. WB 412B/5536 on the alleged date and time and claimant is not entitled to any compensation.