Dipankar Datta, J. - (1.) Mac Case No. 396 of 2006 was registered on August 14, 2006 upon receipt of an application under section 166 of the Motor Vehicles Act (hereafter the Act) by the Motor Accident Claims Tribunal, Lalbagh, Murshidabad. It was presented by the parents, the widow and two minor children of a victim of a motor accident, Bidhan Tudu (hereafter the victim). The applicants (hereafter the claimants) pleaded in the application that the victim, who had been serving the court of the Additional Chief Judicial Magistrate, Lalbagh as Bench Clerk II on the date of his premature demise, was proceeding towards Behrampur from Farakka on February 11, 2006 riding a motor cycle (WB-58F/1561) and at about 11.45 pm, on National Highway 34, a truck (WB-23/5812) (hereafter the said truck) coming from the opposite direction and being driven rashly and negligently dashed such motor cycle resulting in the victim sustaining critical injuries and dying on the spot. In the application, the owner and the insurer of the said truck were impleaded as opposite parties 1 and 2 respectively and Rs.9,00,000/- was claimed from them as compensation, jointly and severally.
(2.) Since the victim was attached to the sub-divisional court at Lalbagh, the presiding officer of the Motor Accident Claims Tribunal, Lalbagh, Murshidabad did not consider it proper to decide the claim application and recused himself. On transfer, the claim application was ultimately placed for consideration before the Motor Accident Claims Tribunal, Behrampur, Murshidabad (hereafter the tribunal), which proceeded to decide it.
(3.) The owner did not contest the application; however, the insurer upon obtaining leave of the tribunal under section 170 of the Act contested the application by filing a written objection. The material allegations were denied and disputed and it was contended by the insurer that it is under no obligation to pay compensation since the said truck was not involved in the accident.;