JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal by the Insurance Company/Appellant has been preferred against the judgment and award dated 19th January, 2006 passed by Ld. Additional Judge, 3rd Court, Motor Accident Claims Tribunal, Murshidabad, in M.A.C. Case No. 34 of 2002, under Section 163A of the Motor Vehicles Act, 1988.

2. FACTS :-

“On 01.01.2002 the deceased Budhu Sk. boarded a bus being no. W.B. 39/3613, at Umarpore for going to Durgapur and while the bus reached at Chakpara on Panagar Moregram high way having running at a break neck speed, violently dashed against a Truck coming from opposite side and the driver of Bus having lost his control took the Bus off the road causing severe injury to several passengers. The injured Budhu Sk. subsequently died in the hospital. The said accident having taken place within P.S. Rampurhat, Dist. Birbhum. On the basis of a report Rampurhat P.S. Case No. 1/2002 dated 1.1.2002 was registered and an U.D.Case, being No. 1/02 dated 1.1.02, has also been started. The deadbody of the victim Budhu Sk. was shifted to Rampurhat Subdivisional Hospital, where p.m. examination over the deadbody of the victim was held by Medical Officer,