NAMITA GIRI Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal has been preferred by the Claimants against the judgment and award dated 21st day of August, 2015 passed by Learned Judge, Motor Accident Claims Tribunal, Additional District Judge, 2nd Court, Contai, Purba Medinipur (hereinafter called as the Learned Tribunal Judge) in M.A.C. Case No. 153/150 of 2013/2005, under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) THE FACTS :-

(3.) The O.P. No.2 /United India Insurance Company Ltd. contested the case by filing written statement denying all the material allegation. The O.P. no.2 denied the manner of accident. He denied that the accident was caused due to rash and negligent act of driver of the offending Truck but that the accident was caused due to the fault of the victim. They also denied the monthly income of the deceased and further stated the compensation claimed is arbitrary and excessive. The claim petition is bad in law and is liable to be rejected with cost.