INDIAN MUTUAL GENERAL INSURANCE SOCIETY LTD Vs. MANZOOR ASHAN
LAWS(CAL)-1976-4-11
HIGH COURT OF CALCUTTA
Decided on April 09,1976

INDIAN MUTUAL GENERAL INSURANCE SOCIETY LTD Appellant
VERSUS
MANZOOR ASHAN Respondents


Referred Judgements :-

HUKUM CHAND INSURANCE CO. LTD. V. SUBASHINI ROY [REFERRED TO]
VENGUARD INSURANCE CO VS. CHINNAMMAL [REFERRED TO]
ABDULKADAR EBRAHIM SURA VS. KASHINATH MORESHWAR CHANDANI [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO VS. GURDEV KAUR [REFERRED TO]



Cited Judgements :-

ABDUL RAZZAK VS. SHARIFUNNISA [LAWS(ALL)-1982-9-12] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SURJIT KAUR [LAWS(ALL)-1984-1-16] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. MILKHI RAM [LAWS(HPH)-1993-7-2] [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD VS. NARAYANIBAI [LAWS(ORI)-1983-8-10] [REFERRED TO]
NEW INDIA INSURANCE CO VS. SHRIMATI RUKIYABAI [LAWS(MPH)-1985-8-30] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. KANCHAN BEWA FB [LAWS(ORI)-1993-10-17] [REFERRED TO]
PRAFULLA CHANDRA CHOUDHURY VS. PRAVAKAR SAHU [LAWS(ORI)-1987-8-4] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. ANJALI MALLICK [LAWS(CAL)-1993-3-37] [REFERRED TO]
KANNIAPPA NADAR VS. JAYAPANDI [LAWS(MAD)-1996-12-21] [REFERRED TO]
HARSHADRAI MOHANLAL BHAMMAR VS. ANIL BABURAO GHODESWAR [LAWS(BOM)-2004-8-176] [REFERRED TO]
SANTRA BAI VS. PRAHLAD [LAWS(RAJ)-1985-4-1] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY VS. SANTHA [LAWS(MAD)-1987-9-41] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. PUNI DEVI [LAWS(HPH)-1994-12-5] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. MOHINDER LAL AND ORS. [LAWS(P&H)-1977-5-14] [REFERRED TO]
CHANDRO DEVI VS. JIT SINGH [LAWS(DLH)-1988-4-23] [REFERRED]
NEW INDIA ASSURANCE CO LTD VS. K T JOSE [LAWS(KER)-1989-9-38] [REFERRED TO]


JUDGEMENT

T.K.Basu, J. - (1.)This is an appeal from an order of the learned Judge, Motor Vehicle Accident Claim Cases Tribunal, Burdwan dated the 31st August 1966. The petitioners before the Tribunal were the sons, daughters and the widow of one Mohammad Ahsan who had died in an accident on the 11th January, 1966. The case of the petitioners was that the truck No. BRN 4761 was being driven rashly and negligently as a result of which it met with an accident near Rani Bundh on the Grand Trunk Road as a result of which the said Mohammad Ahsan received severe injuries. He was removed to Rani Bundh Primary Health Centre and he died on the same date. If was the case of the petitioners that the deceased was a contractor by occupation and his monthly earnings came to about Rs. 500 which was the only source of maintenance for his family. The petitioners claimed Rs. 30,000 by way of compensation before the Tribunal,
(2.)The owner of the truck did not appear or contest the claim. The claim was however contested by the appellant with whom the truck was insured. The learned Tribunal rightly held that since the owner of the truck did not contest the claim, the evidence on the question of rash and negligent driving was necessarily ex parte and the Insurance Company was not entitled to challenge that evidence.
(3.)The only question that the appellant before us could and did agitate before the Tribunal was that it was not liable under the policy of insurance for the claim on behalf of the deceased. The learned Tribunal however came to the conclusion that the petitioners were to get a sum of Rs. 12,000 as compensation and the appellant was to pay the amount
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