ORIENTAL INSURANCE COMPANY LTD Vs. MOU DUTTA

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and award dated 30th day of June, 2023 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track, 4th Court, Barasat, 24-Parganas (North), in MAC Case No. 822/100 of 2016.

(2.) The brief facts of the case is that the husband of respondent No. 1 was proceeding towards Cuttack side along National Highway No. 5 on 24/3/2016 through a vehicle bearing No. WB 26T/1988 (Mahindra Scorpio), the driver of the vehicle was driving with terrific high speed and rash and negligent manner. By such reckless driving when they reached under Dharamshala Police Station in the district Jajpur, Odisha, all on a sudden the said vehicle capsized the victim including other five passengers sustained serious injuries and shifted to the Badachana Hospital; out of such five injured three including the victim succumbed to their injuries. On the basis of such accident the police registered a suo moto case vide Dharamshala Police Station Case No. 78 dtd. 25/3/2016.

(3.) The present respondent Nos. 1 and 2 being the widow and minor son of the deceased filed an application before the learned tribunal under Sec. 166 of the M.V. Act for getting compensation.