JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal has been preferred by the claimant against the judgment and award dated 16.03.2012, passed by Judge, Motor Accident Claims Tribunal, 2nd Court, Siliguri in MAC Case No. 9 of 2008, under Section 163A of the Motor Vehicles Act, 1988.

2. Facts :-

“On 31.10.07 at about 5.30 P.M. victim Nazhat Per ween while as a pilion rider of a motor cycle bearing registration No. BR-37/9622 being driven by Soukat Rahaman was coming from Bahadur-Ganj side towards their home, then one Truck bearing No.06-HC/0867 which was proceeding towards Bahadur Ganj side from Kisangunj end at Pachim Palichak, the Truck which was proceeding at a high speed in a negligent manner lost its control and going to the wrong side dashed against motor cyclist. As a result victim sustained multiple severe injuries and though she was taken to M.G.M. Medical College and Hospital at Kisangunj but ultimately she died.”

3. O.P.No.2/Oriental Insurance Co. Ltd. contested the case by filing W/O contending inter alia that case is not maintainable, having no cause of action, bad for non-joinder of necessary parties. O.P. disputed Para Nos. 8, 9, 11, 12 and 14 of the claim peti