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2017 Supreme(Cal) 414

DIPANKAR DATTA, SAHIDULLAH MUNSHI
National Insurance Company Limited – Appellant
Versus
Pratima Barick – Respondent


Advocates Appeared:
For the Appearing Parties:Rajesh Singh, Uday Sankar Chattopadhyay, Santanu Maji, Souvik Dutta, Advocates.

JUDGMENT :

DIPANKAR DATTA, J.

1. A claim petition under section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) was presented on February 25, 2011 before the Motor Accident Claims Tribunal, Burdwan by Smt. Pratima Barick, giving rise to M.A.C. Case No. 12/41 of 2011. The case pleaded therein reveals that on November 6, 2010, at about 01.00 hours, the claimant's son, Nil Ratan Barick (hereafter the victim) was returning home along with his friends after witnessing Kali Puja and while they reached near Sialdanga More at G.T. Road, suddenly a vehicle driven at very high speed and in a rash and negligent manner dashed the victim and his friend, Sayantan Chakraborty, as a result whereof the victim fell down and sustained severe bleeding injuries all over his body and died at the spot. At Sl. No. 15 of the relevant form for filing claim petition, the claimant had mentioned the registration number of the offending vehicle, i.e. WB-42B/0859 (Fiat Car). According to her, it was owned by a Yakub Mallick, the respondent no. 1. The insurer of the vehicle, National Insurance Company Limited, was impleaded as respondent no. 2. It is also revealed that the victim, 28 years of age, was an as
























































































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