JAHANARA BIBI Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) The present appeal has been preferred by the Claimants against the Judgment and/or Order dated March 11, 2002 passed by Learned Judge, Motor Accident Claims Tribunal, 1st Additional Court, Burdwan, in M.A.C. Case No. 78 of 2001/350 of 2001 whereby the Learned Judge dismissed the application, under Sec. 166 of the M.V. Act.

(2.) FACTS :-

(3.) Opposite Party/National Insurance Co. Ltd. contested the case by filing written statement denying all the material allegations made in the application. The specific case of the contesting O.P. is that there was no negligence on the part of the driver of the vehicle. The story of rash and negligent driving on the part of the driver of the offending vehicle is also a myth and the same has been alleged for the purpose of the case. The manner of accident as alleged in the application is totally false. It was the victim who was responsible for the alleged accident and that too the reckless act of the victim was the sole cause of the alleged accident. The vehicle was being driven in a moderate speed observing the traffic rules.