NATIONAL INSURANCE COMPANY LIMITED Vs. SABITA DAS

JUDGEMENT

(1.) This appeal filed by the appellant insurer is against a judgment and award dated 29th February, 2008 passed by the Motor Accident Claims Tribunal, 1st Court at Tamluk, Purba Medinipur in an application for compensation under Section 166 of the Motor Vehicles Act, 1988 filed by the respondent claimants being MACC No.34 of 2004.

(2.) The claimants are apparently the heirs of late Mritunjoy Das, who was killed in a motor accident involving a tanker bearing the Registration No.WB- 23A/0453 owned by the respondent no.6 and covered by a policy of insurance issued by the appellant insurer.

(3.) In the claim application, it is claimed that late Mritunjoy Das, hereinafter referred to as 'the victim', was proceeding along the left side of the road on a Hero Honda motor cycle bearing the Registration No. WB-30B/6145 when he was run over by the offending tanker insured by the appellant insurer and owned by the respondent no.6. The claimants are the widow, three sons and one daughter of the victim.