SUNITI MONDAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) An unfortunate mother of the victim is the appellant in this miscellaneous appeal which arises out of the judgment and order dated 18.4.2002 passed in motor accidents claim case thereby dismissing the petition under section 166 of the Motor Vehicles Act, 1988.

(2.) The facts are that on 6.11.2000 at about 5 p.m. on G.T. Road the deceased victim who was aged about only four years was standing by the right side of the road. The offending vehicle bearing No. WB 41-A 1978, which was proceeding towards Simlagarh from Pandua in a high speed and being driven negligently by its driver hit the victim who was brought dead to the hospital.

(3.) The involvement of the offending vehicle in the said accident and rash and negligent driving of the said offending vehicle by its driver have been proved in evidence by an independent witness, namely, PW 2, who was present at the spot of the accident. Such finding of rash and negligent driving of the offending vehicle by its driver has also not been questioned in this appeal by the insurer.