GUWAHATI, India, Sept. 28 -- Gauhati High Court issued the following order on Aug. 27:

1. Heard Ms. S. Roy, learned counsel for the appellant. Also heard Mr. R. P. Sarmah, learned Senior Counsel assisted by Ms. M. Bora, learned counsel for the respondent Nos. 1 to 5; and Mr. A. K. Gupta, learned counsel for the respondent Nos. 6 and 7.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant challenging the judgment and award dated 22.03.2012, passed by the learned Member, Motor Accidents Claims Tribunal, Tinsukia, Assam, in MAC Case No. 81/2010. By the said judgment, the present respondents/claimants were awarded an amount of Rs. 69,38,560/- (Rupees sixty-nine lakhs thirty-eight thousand five hundred sixty only), along with interest at the rate of 6% per annum from the date of the order till full and final realization, on account of the death of the deceased, namely Dr. Rabhi Kipa @ Robi Kipa, in a road traffic accident on 14.03.2010.

3. The facts leading to the filing of this appeal are as follows:

3.1. On the fateful day, the deceased was travelling in a 407 bus bearing Registration No. AS-23-5549 from Tinsukia town to Margherita along with other co-passengers. The bus, being driven at high speed and in a rash and negligent manner, despite repeated requests made by the passengers, lost control and collided with a Tata truck bearing Registration No. AS-01-S-0760 coming from the opposite direction. The deceased, who was a doctor serving under the Government of Arunachal Pradesh, died on the spot.

3.2. In connection with the aforesaid accident, Digboi P.S. Case No. 108/2010 was registered under Sections 279/338/304(A)/427 of the Indian Penal Code. At the time of the accident, the deceased was aged about 37 years, 9 months, and 9 days, and was drawing a monthly salary of Rs. 50,144/- (Rupees fifty thousand one hundred forty-four only). The claimants, being dependents of the deceased, filed a claim petition before the learned Tribunal under Section 166 of the Act, claiming compensation of Rs. 98,30,000/- (Rupees ninety-eight lakhs thirty thousand only).

3.3. The insurance company/insurer of the offending bus contested the claim, whereas the truck owner and driver did not contest the case. Based on the pleadings, the learned Tribunal framed the following two issues: 1. Whether the deceased died in a motor accident that occurred on 14.03.2010 as a result of rash and negligent driving of the vehicles bearing Registration Nos. AS-01-S-0760 (Tata truck) and AS-23-5549 (407 bus)? 2. Whether the claimants are entitled to get any compensation, and if so, to what extent and from whom?

3.4. The claimants examined three witnesses. After considering the evidences, the learned Tribunal held that the accident occurred solely due to the rash and negligent driving of the bus. Accordingly, the insurer of the bus/present appellant/National Insurance Co. Ltd. was directed to pay compensation amount of Rs. 69,38,560/- (Rupees sixty-nine lakhs thirty-eight thousand five hundred sixty only), to the claimants along with interest @ of 6% per annum from the date of the order till full and final realization on account of death of the deceased.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9YLie%2Btj0fQoKm88BURAvKB%2B1GPyMpv16Bvuy16AHEsw&caseno=MACApp./9/2014&cCode=1&cino=GAHC010210192014&state_code=6&appFlag=)

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