NATIONAL INSURANCE CO. LTD Vs. RAJESWARI NAYEK

JUDGEMENT

(1.) The instant appeal is preferred against a judgment and award dtd. 27/7/2023 passed by the Learned Judge, Motor Accident Claims Tribunal Fast Track 1st court, in MAC Case No. 37 of 20016.

(2.) The brief fact of the case is that on 31 December of 2016 at about 09:30 p.m. victim along with his mother coming back home just after close the days business of tea stall, by foot and proceeding towards Mecheda along with the left morum portion of Srirampur Bus-stand and reached near "Ramkrishna Aragyo Niketan", a nursing home, suddenly the offending vehicle bearing No. WB 31/5542 ACE Magic BS coming from Haldia Side to Mecheda with excessive high speed by a zigzag way, the driver failed to control and dashed the victim from behind and run over the victim who died on spot. The mother of the victim lodged the written complaint with the police by which Tamluk PS Case No.11 of 2016 dtd. 4/1/2016 was started.

(3.) The claimants are the mother, widow and minor daughter of the deceased who preferred an application u/s 166 of MV Act for getting compensation. The Insurance Company has contested the claim case by filing written statement. After hearing the parties and receiving the evidences the Learned Tribunal has awarded a sum of Rs.13,07,000.00 as the compensation in favour of the claimants and directed the Insurance Company to pay the compensation.