MOHITOSH DUTTA Vs. MUSTARI BEGUM & ORS

JUDGEMENT

(1.) This appeal is against a judgment and award dated 26 th April, 2012 passed by a Motor Accident Claims Tribunal, Fast Track 1 st Court, Burdwan in M.A.C.C. No. 122 of 2006 / 234 of 2006 filed by the respondent Nos.1 to 4 claiming compensation on account of the death of Riyasat Ali, husband of the appellant No.1 and father of the appellant Nos.2 and 3, both minors and son of the respondent No.4, in an accident involving vehicle No. WB2T/4778, hereinafter referred to the offending vehicle, owned by the appellant and covered by a policy of insurance issued by the respondent No.5, ICICI Lombard General Insurance Company Limited, hereinafter referred to as the respondent insurer.

(2.) The learned Tribunal on consideration of the materials on record found that the victim was travelling by the offending vehicle which met with an accident which was caused by the rashness and negligence of the driver of the offending vehicle.

(3.) The respondent insurer filed a written statement before the learned Tribunal, contending that the insurance policy did not cover the victim and the respondent insurer was, therefore, not liable to pay compensation for the death of the victim.