GAUHATI HIGH COURT ISSUES ORDER FOR SMTI. SWAPNA JYOTI GOHAIN AND OTHERS V/S ORIENTAL INSURANCE CO. AND ANOTHER

GUWAHATI, India, June 7 -- Gauhati High Court issued the following order on May 7:

1. Heard Mr. G. N. Sahewala, the learned senior counsel, assisted by Ms. G. Duggal, the learned counsel for the review petitioners. Also heard Mr. S. Dutta, the learned senior counsel, assisted by Mr. S. Dutta, the learned counsel for respondent No. 1, as well as Mr. R. C. Paul, the learned counsel for respondent No.2.

2. This application for review of the order dated 23.04.2014 passed by this Court in MAC Appeal No.90/2009 has been filed by the Review Petitioners/Claimants.

3. This Review Petition is mainly filed on the ground that the order dated 23.04.2014 passed by this Court in MAC Appeal No. 90/2009 is manifest with error apparent on the face of record in as much as it had wrongly applied the precedent in the case of New India Assurance Company Ltd. Vs. Sadanand Mukhi reported in (2009) 2 SCC 417 in the instant case as the facts and circumstances of this case do not justify application of the said precedent in the instant case.

4. The review petitioners/claimants had filed MAC Case No. 74/2005 before the Court of learned Additional District Judge (FTC), Dibrugarh-cum-Member Motor Accident Claims Tribunal claiming compensation for the death of their husband/father in a motor vehicle accident which took place on 14.01.2005. The husband/father of the review petitioners, namely, late Dibakar Gohain was driving a motorcycle and coming from Chabua Jeraigaon towards Tinsukia A.T. Road when due to mechanical defect in the motorcycle an accident occurred and the late Dibakar Gohain sustained injuries in the accident and he was brought to Aditya Nursing Home.

5. On 25.01.2005, the late Dibakar Gohain succumbed to his injuries in the nursing home and on his death the review petitioners filed the claim case under Section 166 of the Motor Vehicle Act, 1988. Claiming compensation for the death of their husband/father in the claim case the claimants/review petitioners adduced evidence of three witnesses and exhibited 11 documents whereas the opposite party had adduced evidence of one DW and exhibited no document.

6. Ultimately, by judgment and award dated 15.11.2008, the claim petition was allowed and the Insurance Company/the opposite party No.1 was directed to pay a compensation amount of Rs.13,33,710/- to the claimants/review petitioners within a month of the date of the award along with an interest and the rate of 5% from the date of filing of the petition, till realization of the said amount.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPk0lGnJczyPULeMUOKK0SlVy%2B%2ByN4xIbMESNwklF4Hh&caseno=WP(C)/6669/2024&cCode=1&cino=GAHC010263422024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.