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 19th May 2023 passed by Learned Additional District Judge Fast Track Court Durgapur in MAC Case No-62 of 2019.

2. The case of the claimant/respondents nos. 1 to 3 may be summed up thus:

3. The victim Somnath Dhar was proceeding towards house from City Centre side on foot. While he reached near Bajrangbali Mandir Paschim Para at that time one Four wheeler Maruti Omni bearing No-WB-40 AA/5998 coming with high speed rash and negligent manner dashed behind the victim. As a result the victim was seriously injured and died at Hospital. Due to rash and negligent driving by the driver of the said Maruti Omni the accident took place.

4. Pursuant to the filing of the case notice was issued upon the opposite parties. Opposite party vehicle owner although filed written statement but did not contest the case. Opposite Party New India Assurance Company Limited filed written statement and also obtained leave under Section 170 of the Motor Vehicles Act 1988 and contested the case. ISSUES were framed and evi