AKSARUN BIBI Vs. RELIANCE GENERAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal has been preferred by the Claimants against the judgment and award dated 12th day of April, 2013 passed by the Learned Additional District and Session Judge/Tribunal Judge, Motor Accident Claims Tribunal, Fast Track Court, 2nd Court Tamluk, Purba Medinipur, in M.A.C. Case No. 02/278 of 2013/2012, under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) THE FACTS :-

(3.) On the other hand, the Opposite Party no.2/ Reliance General Insurance Company Limited appeared in this case and contested the suit by filing written objection. In the written objection, the claim petitioner/claimants were denied. It is further submitted that the application u/s 166 of the M.V. Act is not maintainable in its present form and law and there is no cause of action as alleged. It is the specific case of O.P. no.2 i.e. the Insurance Company that the application was vague and indefinite. The petition filed by the petitioner was not in accordance with and in compliance with mandatory provisions of M.V. Act and the Rules framed thereunder. Thus, the claim of claimants is liable to be rejected. Opposite Party no.1 /the owner of the offending vehicle did not contest the suit.