CHANDANA PARAMANIK Vs. BAJAJ ALLIANZ INSURANCE CO. LTD.

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and award dtd. 19/9/2015 passed by the learned Judge, Motor Accident Claims Tribunal, Additional District Judge, Fast Track, 2nd Court, Burdwan in MAC Case No. 76 of 2013.

(2.) The brief facts of the case is that the present appellants being the claimants have preferred an application before the learned tribunal under Sec. 166 of the M.V. Act for getting compensation on the ground that their predecessor was died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company. The claim case was contested by the owner of the offending vehicle by filling written statement; subsequently, he did not contest the matter further. The Insurance Company also contested the matter by filing written statement.

(3.) After hearing the parties and after receiving the evidences the learned tribunal has dismissed the claim case. Only on the ground that the alleged offending vehicle was not involved in the alleged accident. Being aggrieved by and dissatisfied with the said order of dismissal the present appeal have been preferred by the claimants.