BASANTI DAS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal has been preferred by the claimants against the Judgment and Award passed on 29/11/2012, by Member, Motor Accident Claims Tribunal and Additional District Judge, 2nd Court, Nadia in MAC Case No. 90 of 2010, under Sec. 163A of the Motor Vehicles Act, 1988.

(2.) FACTS :-

(3.) The owner of the offending vehicle did not contest the case while the O.P./Insurer contested the case by filling written objection denying all the material contentions made by the claimants. According to the O.P. /Insurer, the application is bad for mis-joinder and non-joinder of parties. It is mala fide and misconception. The O.P./Insurer denied that the offending vehicle No. W.B. 37A/0414 was at all involved in the alleged accident. According to the O.P./Insurer, the victim did not succumb to injuries caused by motor vehicle in use. The O.P./Insurer prayed for dismissal of the case.