NATIONAL INSURANCE COMPANY LTD. Vs. BIVASH SAHA ALIAS BIVASH CHANDRA SAHA

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge an award dated 31st May, 2019 passed in Title Suit (MAC) 21/2011.

(2.) Brief facts are as under :

(3.) The insurance company opposed the claim petition on the ground of its liability as well as quantum. The contention of the insurance company was that the vehicle in question which was insured by the company was not involved in the accident at all. This was on the basis that in the FIR lodged in relation to the accident, the registration number of auto rickshaw given was TR-03-2083. The insurance company had filed a written statement and also cross-examined the claimant on this ground. Insurance company also examined the Investigating Officer (I.O) who had investigated the complaint of negligent driving leading to accident.