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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
National Insurance Company Limited – Appellant
Versus
Kalyan Dangre – 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 17.02.2024. Passed by Learned Additional District Judge 4th Court Paschim Medinipur in MAC Case No. 160 of 2017. The claimants/respondents no-1 and 2 being also aggrieved by the Judgment and Award passed by the Learned Trial Court have filed cross objection being COT No-145 of 2024.
2. The case of the claimants before Learned Trial Court may be summed up thus:
3. On 31/12/2016 at about 10.00 P.M. the victim was returning his house from Chhota Tangra near Khargapur SD. Hospital by foot through the left side of Chhota Tangra to Jhapatapur Road. At that time on the way near Chhota Tangra Kali Mandir under Khargapur Town P.S. one Motor Cycle bearing No. WB-36E/2518 came from Khargapur. S.D. Hospital side towards Jhapatapur side with a very high speed and in rash and negligent manner and dashed the victim from his back side as he was thrown off and he came in contact with road side pole and received head injury and other injuries all over his body and became unconscious. Immediately after accide
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The court affirmed that in motor accident claims, the standard of proof is preponderance of probabilities, allowing claims despite procedural lapses.
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