ORIENTAL INSURANCE CO. LTD. Vs. PRATIMA MONDAL & ORS.
LAWS(CAL)-2016-3-141
HIGH COURT OF CALCUTTA
Decided on March 10,2016

ORIENTAL INSURANCE CO. LTD. Appellant
VERSUS
Pratima Mondal And Ors. Respondents

JUDGEMENT

INDIRA BANERJEE,J. - (1.) This appeal is against a judgment and award dated 19th November, 2014 passed by the Motor Accident Claims Tribunal and Additional District and Sessions Judge, 6th Court, Alipore, South 24-Parganas in MAC Case No. 12 of 2007 being an application for compensation filed by the respondent nos. 1, 2, 3 and 4 (hereinafter referred to as 'the respondent claimants) claiming compensation for the death of Panchanan Mondal in a motor accident allegedly caused due to the fault and negligence of a Taxi bearing the registration no. WB- 04A-5756, owned by the respondent no.5 and covered by a policy of insurance issued by the appellant insurer, Oriental Insurance Company Limited.
(2.) It is not in dispute that the offending Taxi was covered by a policy of insurance issued by the appellant insurer. It is also not in dispute that the said Taxi was involved in a road traffic accident which caused the death of the said Panchanan Mondal, predecessor-in-interest of the respondent claimants.
(3.) The learned Tribunal, on consideration of the evidence on record, found in effect that the accident was caused due to the fault and negligence of the driver of the said Taxi.;


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