Calcutta High Court (Appellete Side)
Sarif Md. Mullick vs National Insurance Co. Ltd. & Anr on 21 August, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Ashim Kumar Banerjee
And
The Hon'ble Justice Dr. Mrinal Kanti Chaudhuri
F.M.A. 324 of 2012
Sarif Md. Mullick
-Versus-
National Insurance Co. Ltd. & Anr.
For the Appellant :- Mr. Sk Abu Abbas Uddin
For Respondent :- Mr. Parimal Kumar Pahari
Insurance Company Re.: C.A.N. 1838 of 2013 (Expeditious Hearing).
Judgment on :- August 21, 2013
This is a case of injury. The Tribunal was not satisfied with the
involvement of the concerned vehicle in the so-called accident. The Tribunal
dismissed the claim petition, in our view, very rightly.
The Doctor, who came and deposed to certify the disability, did not treat the patient. The patient when admitted was 28 years old as recorded in the bed-head ticket, however, in the discharge certificate the patient was 40 years old, as stated therein. The type of the vehicle involved in the accident is also in dispute. We do not find any scope to interfere.
The appeal fails and is hereby dismissed along with the application without any order as to costs.
Urgent xerox certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J.) ( Dr. Mrinal Kanti Chaudhuri , J.) akb 2