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2018 Supreme(Cal) 234

DIPANKAR DATTA, SHAMPA SARKAR
National Insurance Co. Ltd. – Appellant
Versus
Gita Pahan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Singh, Advocate
For the Respondents:Mr. Saidur Rahaman, Advocate

JUDGMENT :

DIPANKAR DATTA, J.

1. As a result of a road accident on June 8, 2012 involving the use of two motor vehicles, “one light and the other a heavy vehicle” nine passengers of the lighter vehicle sustained severe injuries and later on passed away. The deceased included a minor girl aged about 10 (ten) years (hereafter the victim). The death of the victim led her parents (hereafter the claimants) to approach the Motor Accident Claims Tribunal, 1st Court, Balurghat, Dakshin Dinajpur by filing an application under Section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) seeking compensation of Rs. 3,70,000/- + interest. It was registered as M.A.C. Case No.183 of 2012.

2. The tribunal, upon considering oral and documentary evidence, allowed the claim application by its judgment and award dated January 6, 2016. The victim was held to have died as a consequence of the accident. It was also held that rash and negligent driving of the two vehicles resulted in the accident that claimed the victim’s life. In the absence of any proof that the light motor vehicle was insured, its owner (the opposite party no. 2) and the insurer of the heavy motor vehicle (the opposite party no. 3) we




























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