STATE OF WEST BENGAL Vs. STATISH SHARMA

JUDGEMENT

(1.) THIS is an appeal by the State of West Bengal under Section 110 -D of the Motor Vehicles Act.

(2.) THE subject matter of challenge is an award made by the Motor Accidents Claims Tribunal for Calcutta and 24 Parganas (the 13th Additional District Judge, Alipore) dated August 5, 1975.

(3.) THE claim was contested on behalf of the Appellant State of West Bengal and an objection was filed. According to the State of West Bengal, the accident was not due to any rash and negligent act on the part of the driver of the prison van but it was due to failure of the brake. The amount of the compensation claimed was also contested.