GOURI DEY Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This instant appeal has been filed by the appellant/claimant being aggrieved by and dissatisfied with the judgment and award dtd. 19/5/2003 passed by the Learned Judge, Motor Accident Claims Tribunal, 4th Court, Burdwan in Motor Accident Claim Case No. 44 of 2002 (158 of 2002) thereby the learned Tribunal allowed the claim application in part on contest against the O.P./United India Insurance Co. and ex parte against the rest but without any cost. It is further ordered that the O.P./United India Ins. Co. shall pay compensation amount of Rs.1,55,600.00 to the appellant/claimant by way of issuing an A/C payee cheque in her name within sixty days failing which the appellant/claimant shall be at liberty to realise the same together with an interest @ 15% p.a. in due course of law.

(2.) Brief facts are relevant for the purpose of disposal of the instant case as follows:

(3.) The opposite party/United India Ins. Co. contested the application for compensation by filing a written objection denying all the material allegations against it stating inter alia that the appellant/claimant has no cause of action to file this case. The claim of the appellant/claimant is barred by the law of limitation, waiver and acquiescence. Appellant's case is not maintainable in law. Death of the deceased was not caused by motor traffic accident. The offending vehicle bearing no. WMH/2092 was not at all involved in any motor traffic accident on the relevant date nor the same was insured with the OP/United India Insurance Co. during the period when the accident took place. The accident in question did not take place due to the fault on the part of the driver of the offending vehicle. So, the O.P./United India Ins. Co. is not liable to indemnify any amount of compensation to the appellant and is liable to be dismissed. However, the Learned Tribunal after scanning and appreciation of evidence, both oral and documentary brought on record by the parties, finally came to the conclusion that the accident took place on the date, time and manner as claimed by the claimant. Decease also died on the spot due to such an accident. Not only that the Learned Tribunal further held that the rash and negligent driving of the driver of the offending vehicle was solely responsible for the said accident. Xerox copies of the FIR, Charge Sheet, P.M. report, registration certificate issued by the Board of Secondary Education, West Bengal and Insurance policy marked as exhibits 1 to 6 respectively and further oral evidence proved the case of the claimant in definite and positive without any contradiction or rebuttal.