GAUHATI HIGH COURT ISSUES ORDER ON MRS. KIRAN DEVI JAIN V/S ORIENTAL INSURANCE COMPANY AND 3 ORS

GUWAHATI, India, Feb. 3 -- Gauhati High Court issued the following order on Jan. 6:

1. Heard Mr. S. Dutta, learned counsel representing the appellants. Also heard Mr. M. Ahmed and Mr. N.J. Gogoi, learned counsel appearing for the respondents.

2. These batch of applications are under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 21.09.2020 passed by the Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case Nos.156/2017 & 157/2017.

3. The claimants Uttam Sarma and Mamoni Devi had filed the petition under Section 166 and 140 of the MV Act being MAC Case No.156/2017 claiming compensation on account of the death of their son Brajen Sarma.

4. Similarly, the claimants Kedar Ray and Ms. Moon Rai filed another petition under Section 166 and 140 of the M.V. Act being MAC Case No.157/2017 claiming compensation for the death of Arun Ray, the son of Kedar Ray and brother of Ms. Moon Rai.

5. On 09.11.2016 at about 9 P.M., the deceased Brajen Sarma (MAC Case No.156/2017) along with his four friends were travelling from Tezpur to Guwahati in a Maruti Car bearing Registration AS02/K-3487. At that time, a truck bearing Registration AS-01/AC-0528 was going ahead of the said car. At Mitham, near Ursola High School, the truck suddenly stopped on the road and the said Maruti Car could not stop the vehicle and dashed against the truck. As a result of the accident, Brajen Sarma (MAC Case No.156/2017) and Arun Ray (MAC Case No.157/2017) died instantly.

6. According to the claimants, the accident occurred due to rash and negligent driving of the truck bearing Registration AS-01/AC-0528.

7. Both the claim cases being MAC Case No.156/2017 and MAC Case No.157/2017 were heard and disposed of together.

8. The appellant Insurance Company representing the truck bearing Registration AS-01/AC-0528 contested the claim petition by filing written statement. They denied rash and negligent driving by the truck.

9. The Tribunal framed the following issues:

1. Whether the deceased, late Brajen Sarma (MAC Case No.156/2017) and the deceased late Arun Ray in (MAC Case No.157/2017) died in the alleged road accident dated 09.11.2016 involving the vehicle bearing No. AS-01/AC-0528 and whether the said accident took place due to rash and negligent driving by the driver of the offending vehicle?

2. Whether the claimants are entitled to receive any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount are payable?

10. The claimants in both the cases examined three witnesses and the Insurance Company three witnesses in both the cases. Finally, the Tribunal awarded a compensation of Rs.9,37,200/- in MAC Case No.156/2017 and the same amount in MAC Case No.157/2017 along with interest @ 7.5% p.a. from the date of filing of the case.

11. I have considered the submissions made by the learned counsel of both sides.

12. There is no denial of the fact that Brajen Sarma and Arun Ray were the occupants of the vehicle bearing Registration AS-02/K-3487 and their vehicle dashed against a truck bearing Registration AS01/AC-0528. There is also no denial of the fact that both of them died instantly. Therefore, the claimants are entitled to compensation under the provisions of the Motor Vehicles Act.

13. It is an admitted fact that the Maruti Car bearing Registration AS-02/K-3487 was following the truck bearing Registration AS-01/AC-0528. When the truck suddenly stopped on the middle of the road, the Maruti Car could not stop and dashed against the truck. It is clear on the face of the record that if the Maruti Car could stop itself, no accident would have taken place. The car could not stop and hit the truck from behind. It is also clear on the face of the record that the Maruti Car had contributed to a great extent towards the occurrence of the accident.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoA7lL%2BVu9ZJayv%2Bs0CLoxLmgZC1u7mF0fY2%2FWGLjc9CC&caseno=MACApp./338/2021&cCode=1&cino=GAHC010212792021&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.