1 IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS ...

49. In course of hearing, the Claimant examined himself asCW.1 and two other witnesses as CW.2 and CW.3. They were crossexamined on behalf of the contesting Opposite Parties. Certain documentsin original were also submitted by the Claimant in support of his claim. Twowitnesses from the side of NIA Co. Ltd. were examined and out of them,DW.2, Sri Haren Gogoi, Investigator of New India Assurance Co. Ltd. wascross examined and discharged. No DW was examined by the OP Nos.4 andsubstituted OP No.5 the insurers of the vehicles concerned involved in theaccident in support of their defence.10. I have heard argument of the learned advocates for theclaimant and the contesting Opposite Parties, and also perused the evidenceavailable with the case record and the documents submitted.11. To dispose of the claim, the following issue-wisediscussion is taken up for just decision of the case.ISSUE NO.1 :12. From the deposition of PW.1, Claimant, Sri PutukonGowala, it appears that on 20.10.2009 at about 5.30 Pm, while his deceasedwife, Adori Sarkar alongwith her mother, Basumoti Sarkar was proceedingtowards Gogamukh after worshiping in 'Padumoni Than' by a Maruti Vanbearing registration No.AS.07.B/ 9967 and proceeded almost 1 km awayfrom 'Padumoni Than', a Truck bearing registration No.AS.01.R/ 0792 onbeing driven by its driver in rash and negligent manner came from oppositedirection and fell on the maruti van after dashing on a roadside tree, as aresult of which, all the six occupants of the van including his wife died onthe spot. He stated that on the next day of the accident, while he went toBoginadi PS in the morning and found the dead body of the deceased, andcame to know that the accident took place due to fault of the truck inquestion. CW.2, Sri Abhiram Sarkar and CW.3, Sri Subhash Ghosh, the covillagerof the claimant narrated the accident, which they came to knowwhen they went to the Boginadi PS on the next day morning of the accident.They also stated that due to rash and negligent driving of the truck by itsdriver the accident took place. During cross examination also, all the CWsstated that they came to know from the police personnel of Boginadi PS that