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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
National Insurance Co. Ltd. – Appellant
Versus
LAKSHMI KANTA PATRA AND ANR – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The Appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988, and is aggrieved by the Judgment and Award dated 30th January 2025 passed by Learned Additional District Judge 2nd Court Tamluk Purba Medinipur in MAC Case No.83 of 2013.
2. The case of the claimants/respondent no-1 may be summed up thus:
On 27-07-2013 at about 8.30 P.M while the claimant was standing along with some other persons in front of Santu Jewellery at a safe distance about 7 ft. from the bus road at that time the offending truck being no-WB-29A/3600 was coming from Mecheda side in a terrific high speed suddenly at the place of occurrence front wheel of the offending vehicle no-WB-29A/3600 opened from the chassis and dashed the claimants and others standing in a great force.
3. As a result of the accident the claimant and others suffered bleeding injury dangerously. The claimant/respondent no-1 received injury on her left leg and also on her head. At first the claimant was admitted at SAB Nursing Home at Durgachok then for better treatment she was admitted at CMRI Kolkata where she was treated upto 21.08.2013 and second time she
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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