NEW INDIA ASSURANCE CO. LTD. Vs. KAMAL CHAKRABORTY

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and award dated 18th day of November, 2022 passed by the learned Judge Motor Accident Claims Tribunal ADJ Fast Track 4th Court Alipur in a Motor Accident Claim Case No. 01 of 2017.

(2.) The brief fact of the case is that one judicial officer namely Pallab Chakraborty (deceased), posted as Civil Judge (Junior Division- cum Judicial Magistrate 1st) at Dinhata Court. On 26/9/2016 at about 9:20 hrs, while he was driving a Maruti/ Swift Dezire Car bearing No. WB 02AH0740 with his personal home guard namely Nilmani Roy (HG/232) met with an accident due to rash and negligent driving of a driver of a Bolero Car being registration No. WB-74TC-802 (Bolero) New Car No. WB-85-0609 By such accident the Judicial Officer suffered serious injury on his person and immediately was taken to MJN Hospital Cooch Behar, where the doctor declared him brought dead.

(3.) The parents of the deceased Judicial Officer preferred an application before the Learned Tribunal u/s 166 of Motor Vehicles Act for getting compensation on the ground that they lost their son due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company. The owner of the offending vehicle did not contest the matter. The Insurance Company contested the claim case by filing written statement and also filed one additional written statement. Moreover, Insurance Company contested the claim case on all available grounds after obtaining a leave u/s 170 of MV Act.