NATIONAL INSURANCE COMPANY LIMITED Vs. ARJUN BHANDARI
LAWS(SIK)-2020-10-18
HIGH COURT OF SIKKIM
Decided on October 21,2020

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Arjun Bhandari Respondents




JUDGEMENT

BHASKAR RAJ PRADHAN,J. - (1.)The National Insurance Company Limited is the appellant (the appellant). The respondent nos. 1 and 2 are the claimants (the claimants) and the respondent no.3 is the owner (the owner) of the Mahindra and Mahindra passenger carriage jeep bearing registration no.SK-01-J- 2576 (Maxx vehicle) driven by one Sandip Kumar Pathak (the driver).
(2.)On 05.11.2013 an accident occurred when the motor bike bearing registration no. W.B. 74E/9160 (Bajaj Pulsar) (the motor bike) collided with the Maxx vehicle owned by the respondent no.3. As a result of the accident Binay Bhandari-the driver of the motor bike (the deceased) expired on 11.10.2014.
(3.)A First Information Report (FIR) dated 06.11.2013 was lodged at Singtam Police Station by the driver of the Maxx vehicle alleging that while escorting the vehicle's owners from Majitar to Singtam, the deceased riding a motor bike came in high speed and hit the Maxx vehicle. As a result of the accident, the deceased was taken to Singtam hospital in a serious condition by them for treatment after which he was referred to the Central Referral Hospital, Tadong.
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