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2003 Supreme(Pat) 189

P.K.DEB
Oriental Insurance Company Ltd. – Appellant
Versus
Prabhavati Devi – Respondent


Judgment

1. Heard the parties.

2. This appeal has been preferred against the judgment and award passed by the 5th Addl. District Judge cum MACT in Claim Case no. 76/98(5/2000) whereby and whereunder compensation to the tune of Rs. 1,65,000/- had been granted to the claimants.

3. The claimants are the parents of the deceased, Sunil Kumar who at the age of 21 years had met with a motor accident and died almost instantaneously. The truck bearing registration no. BRD 1662 was admittedly insured with the appellant Insurance Company at the relevant time. Against the claim petition filed under Section 166 of the Motor Vehicle Act, the Insurance Company appeared and filed written statement but they did not adduce any evidence whatsoever. After consideration of the evidence from the claimants side, the tribunal found that the accident occurred due to fault of the offending vehicle and hence it was held that the claimants-respondents are entitled for compensation. Under the new Act, having been come into force, practically negligence is necessary to be proved in view of the specific provisions being made. Only when accident is there and a vehicle is involved in that accident then compensation





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