MABIA BIBI Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been preferred by the claimants against the Judgment and Order dtd. 2/7/2005 passed by Judge, Motor Accident Claims Tribunal, (5th Additional District Judge), South 24 Parganas at Alipore in M.A.C. Case No. 2 of 2005, under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) THE FACTS :-

(3.) The O.P. No. 2/ The New Indian Assurance Co. Ltd. who has been allowed to take larger defence u/s 170 of M.V. Act, has challenged the claim of the petitioners by filing a written statement while the O.P. no. 1, the owner of the vehicle did not contest the case.