GUWAHATI, India, July 26 -- Gauhati High Court issued the following order on June 25:

1. Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of the appellant and Dr. P. Agarwal, the learned legal-aid-counsel appearing on behalf of the respondent No.1 and Mr. B. Baruah, the learned counsel appearing on behalf of the respondent No.2.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging the judgment and award dated 28.09.2021 passed in MAC Case No.05/2019 whereby the learned Tribunal awarded an amount of Rs.3,55,000/- as a compensation to the claimant along with interest @8% per annum from 05.03.2019 i.e. the date of filing of the claim petition till payment. The said amount was directed to be satisfied by the appellant Insurance Company within one month from the date of the award.

3. The instant appeal has been filed only on the ground that the accident have taken place on 20.12.2018 and the insurance policy admittedly issued by the appellant Insurance Company was only effective from 25.12.2018 to 24.12.2019 and as such, the learned Tribunal could not have fastened the liability upon the appellant Insurance Company in respect to an accident which have taken place prior to the insurance policy having been issued. Taking into the said ground of objection, this Court finds it relevant now to take note of the facts which led to the filing of the present appeal.

4. On 20.12.2018 at around 11:15 AM, one Mr. Phutukan Kalita, a minor boy while playing in the entrance of the house of his father Shri Bhunu Kalita, was hit by a tractor bearing Registration No.AS-07-AC-2078 along with its Trolly attached bearing Registration No.AS-07-AC-2079. The minor boy sustained severe injuries on his head and immediately succumbed to his injuries on the spot. On the basis of the said accident, a case was registered being Silapathar P.S. Case No.574/2018 under Sections 279, 304A of the Indian Penal Code. Thereupon, the mother of the minor boy as claimant had filed the claim proceedings which was registered and numbered as MAC Case No.05/2019. Notices were issued to the opposite parties to the said application.

5. It is relevant to take note of the written statement which was filed by the appellant Insurance Company wherein it was categorically mentioned at paragraph No.2 of the said written statement that the accident took place on 20.12.2018 and the insurance policy was for the period from 22.12.2018 to 21.12.2019 i.e. from 13.22 hours of 22.12.2018 to midnight of 21.12.2019. In that regard, the certified copy of the insurance policy was also enclosed as Annexure-A.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPS9RugazTLNCuHIml9956YC5YLWNDfk7wJtd2DuZhX4&caseno=MACApp./37/2022&cCode=1&cino=GAHC010000912022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.