Hiranmay Bhattacharyya - (1.) The Insurance Company has filed the instant appeal challenging the judgement dated March 4,2016 passed by the Learned Additional District Judge, 3rd Court Tamluk-cum-Motor Accident Claim Tribunal in Motor Accident Claim case No. 43 of 2013.
(2.) The claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed inter alia stating that on October 23, 2012 at about 10:30 A.M. when one Bishnupada Adhikary (hereinafter referred to as the "victim") was standing on the extreme left side mud portion of Chaittanyapur Brojolal Chawk Road at Village Barbasudebpur (Gosher More), the offending vehicle which was coming from Chaitannyapur side and proceeded towards Brojolal Chawk with extreme high speed and dashed and ran over the victim with great force. The victim was taken to Tamluk District Hospital but died subsequently. It was stated in the claim petition that the victim was a quack Doctor and his monthly income was Rs. 10,000/-. It was further alleged that the victim was aged about 28 years at the time of his death. The claimants prayed for compensation of Rs. 12,00,000/-.
(3.) The Insurance Company was impleaded as the Opposite Party No. 2 in the claim petition and contested the claim case by filing the written objection denying the material allegations contained therein. It was specifically contended that the claim made by the claimants was excessive, abnormal and without any legal and equitable basis.;