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2024 Supreme(Cal) 889

SHAMPA DUTT (PAUL)
Shriram General Insurance Company Limited – Appellant
Versus
Dwijen Roy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Singh.
For the Respondent: Ms. Ayantika Roy.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The Insurance Company has preferred the present appeal against the award dated 17th day of April, 2015 passed by Learned Judge, Motor Accident Claims Tribunal, Fast Track Court, District - Cooch Behar, in M.A.C. Case No. 18 of 2011 (Dwijen Roy & Ors. Vs. Janab Ali Mia & Anr.), under Section 163A of the Motor Vehicles Act, 1988.

2. THE FACTS :-

    “On 09.08.2010 at about 14.30 hours deceased Basanti Roy and another lady named Sarodini Roy were returning their respective home from Central Bank of India, Pundibari Branch, after completion of their banking work along the left flank of the metal road on foot. While they reached near Pundibari Netaji Bhaban then all on a sudden, one Truck bearing no. WB-69/3748 dashed said Basanti Roy and Sarodini Roy from their back side and ran over said Basanti Roy. The truck was coming at a very high speed and in a very rash and negligent manner. As a result said Basanti Roy sustained grave multiple bleeding injuries on her person including head and said Sarodini Roy sustained grave multiple injuries on her person. Thereafter they were taken to Pundibari Block Primary Health Centre, Dist. – Cooch Behar by the local peopl

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