NATIONAL INSURANCE COMPANY LIMITED Vs. APARNA MAITI

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and award dated 20nd day of March, 2023 passed by the learned Judge Motor Accident Claims Tribunal Fast Track 1st Court Tamluk Purba Medinipur in a Motor Accident Claim Case No. 98 of 2016

(2.) The brief of fact of the case is that on 24/5/2016 at about 11:30 am while the victim, Nani Gopal Maity was coming after completion of day's work from Kolaghat Engineering College and waiting near ATM Gate for availing a bus then, suddenly a Maruti Omni Van bearing Registration No. WB 30 K/4300 which was coming from Kolaghat side in a high speed and negligent manner dashed the victim with great force by which the victim severely injured and died on spot.

(3.) The present respondent/claimant being the legal heirs of the deceased has preferred an application before the Learned Tribunal u/s 166 of the Motor Vehicles Act for getting compensation on the ground that the accident happened due to rash and negligent driving of the driver of the offending vehicle which was duly insured under the policy of the Insurance Company.