NATIONAL INSURANCE CO. LTD. Vs. GHOLOU

JUDGEMENT

(1.) The Insurance Company has preferred the instant appeal against the judgment and Award passed in M.A.C.T. Case No. 55 of 2008 by the District Judge-cum-Motor Vehicle Accident Claim Tribunal, Pakur whereby and whereunder Rs.2,25,000.00 has been awarded as compensation.

(2.) The claimant's case is that on 16/6/2008 Nayun Sk. @ Nayak Sk. aged about 12 years died in a motor vehicle accident involving a truck bearing registration No. WB 65/9945 regarding which Pakur (Malpahari) P.S. Case No. 126 of 2008 was registered under Ss. 279 and 304 A of the Indian Penal Code.

(3.) The owner of the vehicle respondent no. 1 / O.P. No. 1 appeared and filed his written statement and pleaded that the vehicle was under the insurance cover with Oriental Insurance Company Ltd. and the driver of the truck was having a valid driving license. National Insurance Company Ltd. also appeared and contested the claim.