NATIONAL INSURANCE COMPANY LIMITED Vs. PALASH PRASUN GIRI

JUDGEMENT

(1.) The present claim appeal has been preferred by Appellant/Insurance Company against the judgment and award dtd. 26/8/2014 passed by the learned Additional District Judge, redesignated Court, Paschim Medinipur, in MAC Case No. 259 of 2011, under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) FACTS :-

(3.) O.P. 2/National Insurance Company Ltd., contested the case by filing written statement and denied the positive case of the claimant. The rash and negligence of the driver of the offending vehicle as alleged was totally denied by this answering O.P. The Insurance Company is however, taking defence in view of Sec. 170 of M.V. Act as available to the owner of the vehicle, though the owner of the vehicle did not contest the case in spite of summons served.