SABERA KHATUN Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal has been preferred by the claimant against the judgment and award dtd. 16/3/2012, passed by Judge, Motor Accident Claims Tribunal, 2nd Court, Siliguri in MAC Case No. 9 of 2008, under Sec. 163A of the Motor Vehicles Act, 1988.

(2.) Facts :-

(3.) O.P.No.2/Oriental Insurance Co. Ltd. contested the case by filing W/O contending inter alia that case is not maintainable, having no cause of action, bad for non-joinder of necessary parties. O.P. disputed Para Nos. 8, 9, 11, 12 and 14 of the claim petition and demanded strict proof of all those. This O.P. demanded production of route permit, tax token, fitness certificate, D/L registration certificate and other particulars of the vehicles and stated that claim petition has been brought for illegal gain. It was stated that victim should be held liable for her own laches, fault and contributory negligence. O.P. denies Para Nos. 3, 4, 6, 22 of the claim petition stating clearly that victim had no earning as stated of Rs.3,000.00 p.m. and was not a tailor. O.P. denies that the accident took place due to reckless, careless and high speed driving of the vehicle. O.P. craves leave of this tribunal to seek and avail of all defences, legal right and protection u/Sec.147, 149, 170 of M.V. Act. This O.P. denied, about alleged accident, death of victim, her age, earnings, if any and in view of above others prays for dismissal of the claim petition.