NEW INDIA ASSURANCE CO LTD Vs. MITA SAMANTA

JUDGEMENT

(1.) THIS appeal is at the instance of the Insurance Company in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 18th July, 2007 passed by the Motor Accident Claims Tribunal, Fifth Court, burdwan, in M. A. C. Case No. 27 of 2006 thereby disposing of the said proceeding by awarding a sum of Rs. 6,35,580/- in favour of the claimants with the observation that out of the said amount Rs. 5,000/- should be exclusively awarded in favour of the widow as loss of consortium with a direction upon the insurance Company to pay the said amount within a specified date along with interest @ 9% per annum from the date of application till the entire amount was paid. Being dissatisfied, the Insurance Company has come up with the present appeal.

(2.) IN the application for compensation, the claimants, the heirs and legal representatives of the victim, alleged that the victim while driving his own motorcycle was struck from behind by a truck insured by the appellant, as a result, the motorcycle hit the light post and the victim died. The victim was an employee of Punjab National Bank and was aged 46 years at the time of death. In spite of service of notice, the owner of the offending vehicle did not appear and it was the Insurance Company who contested the proceeding after taking leave under Section 170 of the Act.

(3.) THE specific defence taken by the Insurance Company in the written statement was that due to contributory negligence on the part of the victim, the said motorcycle had struck the light post and the truck concerned had no role to play in the accident. In other words, it was contended that the vehicle insured by the appellant was not at all involved in the accident but the said vehicle has been falsely implicated.