NATIONAL INSURANCE CO. LTD. Vs. NILA BAURI

JUDGEMENT

(1.) The Appellant before this Court was an opposite party in a case under Sec. 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dtd. 28/2/2025 passed by Learned Additional District Judge 4th Court Asansol Paschim Bardhaman in MAC Case No-51 of 2017. The Respondent no. 1 to 3 being also aggrieved by the Judgment and Award passed by the Learned Trial Judge has also filed counter objection being COT-150 of 2025. The case of the claimants/respondent no. 1 to 3 may be summed up thus: On 21/8/2017 at about 5.30 p.m. the victim/deceased Santa Bauri@ Bauri was returning to his residence from his work place i.e. from Ukra Station by riding his own motor cycle bearing no. WB/54C 4810 at a moderate speed and by observing the traffic rules ie through Raniganj-NH 60. While he reached near Maa Laxmi Patch, at that time suddenly one Alto Car bearing Registration No. WB-38Z/3498 came at a tremendous speed from the back side and dashed Santa Bauri in a rash and negligent manner without blowing any horn. As a result the victim Santa Bauri @ Bauri sustained grievous and multiple bleeding injuries on his head, hand leg and other parts of his body. He was taken to Mission Hospital Durgapur in a critical conditions where the victim succumbed to his injuries on 23/8/2017. Over the incident a complaint was lodged and investigation was taken up by the Police Authority. On completion of investigation charge sheet was submitted against the driver of the offending vehicle. The claimants prayed for compensation of Rs.40,00,000.00 (Rupees forty lakhs).

(2.) The Appellant National Insurance Company Limited contested the case by filing written statement. The owner of the vehicle being respondent no-4 although appeared but did not contest the case.

(3.) ISSUES were framed and evidence was adduced. Upon considering the evidence adduced and upon hearing the parties Learned Trial Court was pleased to dispose the claim case by observing and directing as follows: