NAGARAJ CHHAJAR Vs. SOMA PRIYA GHOSH

JUDGEMENT

(1.) THIS appeal has been filed by the owner of the truck bearing registration No. ASG 2137 which was involved in the accident. The appeal has been filed against the claimant (respondent No. 1) and the insurance company (respondent No. 2).

(2.) THE claim petition was filed by the mother of deceased Nani Gopal Ghosh who was aged 23 years on the date of accident, i.e., 28.12.1984 at Bilasipara. The deceased was a handyman of the truck. The truck was returning with loaded jute to the house of the owner in the evening and while it was about to enter into the godown, the accident took place as a result of which the deceased died.

(3.) WE have heard Mr. J. Singh, learned counsel for respondent No. 1 and Mr. Ahmed, learned counsel for respondent No. 2.