CHANDRIKA BISWAS Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated February 18, 2021 passed by the learned Judge, Motor accident Claims Tribunal, 4 th Court. Krishnagar, Nadia in M.A.C. Case No.211 of 2007.

(2.) The brief fact of the case is that on February 9, 2007 at about 20.30 hours while deceased after meeting his mother was returning towards his own residence by his own cycle through NH 34 near Begopara in front of the house of Peter Mallick one offending vehicle bearing no.WGE 2377 Truck coming from Kolkata side running at a very high and excessive speed proceeding towards the same direction lost control and knocked down the deceased resulting in the instantaneous death of the deceased.

(3.) The claimants being the widow, son, minor daughter and the mother of the deceased preferred an application under Sec. 166 of the M.V. Act before the learned Tribunal for getting compensation against the Insurance Company on the ground that the offending vehicle was insured under the policy of the Insurance Company at the time of accident.