SRILAL SARKAR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellant is aggrieved by an award of the Motor Accidents Claims Tribunal at Raiganj in Uttar Dinajpur dated November 19, 2005.

(2.) The appellant filed the application before the claims tribunal under s.166 of the Motor Vehicles Act, 1988 on September 1, 2003. He claimed fault liability compensation and also no fault liability compensation under s.140 of the Act.

(3.) His case was this. On March 20, 2002 he and his 17-year old son were returning home after selling flower garlands. They were travelling in the offending vehicle (a maxi taxi) that was running at a high speed. To avoid a "ditch" on the road the vehicle suddenly swerved right and dashed an NBSTC bus coming from the opposite direction. His son and 2-3 other passengers in the vehicle suffered injuries. The accident happened due to the driver's rash and negligent driving.