- (1.) The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Jalpaiguri dated October 30, 2003 ordering it to pay the claimants '1.6 lakh compensation under s.163A of the Motor Vehicles Act, 1988.
(2.) The claimants, the wife, a son, two daughters and the mother of one Abu Bakkar Siddiki aka Abu Bakkar, filed the application on August 29, 2001. Their case was this: Abu Bakkar (32) was a businessman earning Rs. 3,000 per month. On August 3, 2001 he was riding a motorcycle No.WB-72A-4732 owned by one Abu Kalam Azad. While riding the motorcycle he dashed an unknown truck. He sustained injuries that caused his death. The accident happened due to his rash and negligent driving of the motorcycle. The motorcycle was covered by a valid policy issued by the insurance company. Hence the accidental death made it and the owner of the motorcycle liable to pay them compensation.
(3.) The insurance company contested the claim by filing a written statement. It claimed statutory protections available under ss.147 and 149 of the Motor Vehicles Act, 1988. It contended that the victim himself being responsible for the accident, the claimants were not entitled to any compensation.;