NATIONAL INSSURANCE CO LTD Vs. ABDUL KHAN

JUDGEMENT

(1.) This appeal is by appellant insurance company against the judgment and award passed in the claim case being M.A.C.C. No. 265 of 1995 by the Motor Accidents Claims Tribunal, 2nd Court of the Additional District Judge at Alipore. The aforesaid claim case arose out of an application under section 166 of the Motor Vehicles Act, 1988 filed by the parents of the deceased victim who met with the unfortunate accident on 2.7.1995 caused by the offending vehicle being lorry No. WBK 1463.

(2.) The learned Claims Tribunal disposed of the same by awarding a total sum of Rs. 1,54,500 by way of compensation to the claimants, parents, on the death of their minor child in the said accident.

(3.) In this appeal, the appellant insurance company has not disputed the involvement of the offending vehicle in the said accident causing the death of the minor. It is not in dispute in this appeal that the said accident occurred due to rash and negligent driving of the said vehicle by its driver. The insurance cover of the offending vehicle on the date of the accident has also not been disputed by appellant insurance company.