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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Santu Kumar Patra – Appellant
Versus
National Insurance Company Limited – Respondent
Judgment :
Biswaroop Chowdhury, J.
1.The appellants before this Court were claimants in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 19th day of December 2014 passed by Learned Additional District Judge 5th Court, Burdwan in MAC Case No-37/23.
2. The case of the appellants/claimants before the Learned Trial Court may be summed up thus:-
3. On 03-03-2013 at about 1.15 hrs while victim a constable of Police then attached to Jamalpur P.S. was engaged to duty on foot patrolling along with his other colleague one Maruti Car being No. WNW-3755 which was from Burdwan side towards Kolkata side on NH-2 with high speed hit the victim from his back side resulting severe injuries on his person and victim was admitted in Burdwan Hospital where he died ultimately. The accident took place due to rash and negligent driving by the driver of the vehicle being no. WNW-3755. The victim/deceased was the only earning member of the family and the petitioners solely depended upon him. Due to sudden death of the victim the claimants are in deep financial trouble to maintain their family.
4. Pursuant to the filing of this case notice was issued upon the
Tribunal is duty bound to critically analyse evidence produced before it.
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
The main legal point established in the judgment is the reliance on consistent and uncontradicted evidence, including eyewitness testimonies and corroborating documents, to prove the involvement of t....
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
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