GUWAHATI, India, Sept. 30 -- Gauhati High Court issued the following order on Aug. 29:

1. Heard Ms. R. D. Mozumdar, learned counsel for the appellant Insurance Company. Also heard Mr. R. Chetri, learned counsel, appearing on behalf of respondent No. 1/claimant.

2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the appellant Insurance Company against the judgment & award, dated 31.07.2018, passed by the learned Member, Motor Accident Claim Tribunal, Jorhat, in MAC. Case No. 30/2015, whereby, the learned Tribunal awarded an amount of Rs. 28,02,400/- along with an interest at the rate of 5% per annum to be paid within 90 days in favour of the claimant/wife of the deceased, thereby, fastening the liability upon the appellant Insurance Company.

3. The case of the claimant before the learned Tribunal was that on 30-03- 2015 at about 5 p.m., while the deceased was returning home on his bicycle from the State Transport Office, he was knocked down from behind by a motorcycle bearing Registration No. AS-02Q-8794, driven in a rash and negligent manner by the respondent No. 2 viz. Mujakir Hussain, owner-cumdriver. The deceased sustained grievous injuries to his person and was admitted to Jorhat Medical College and Hospital and ultimately, succumbed to his injuries after about 9 days of the incident.

4. The claimant, who is the wife of the deceased, filed a petition under Section 166 of the Motor Vehicle Act, claiming Rs. 20,00,000/- as compensation on account of the death of her husband. The claimant impleaded the owner-cum-driver and the insurer(Oriental Insurance Company Ltd.), as party respondents. The owner-cum-driver, impleaded as respondents No. 1 & 3 in the petition, did not contest the proceeding. The appellant Insurance Company alone filed the written statement, contending, inter alia, that the driver did not possess a valid and effective driving licence at the time of the incident; the claim was excessive and also disputed regarding the fact of the age, income and cause of death of the deceased.

5. Upon the pleadings brought on record, the learned Tribunal, Jorhat, framed the following 5(five) issues:

(1). Whether the accident occurred due to rash and negligent driving by the driver of the offending vehicle?

(2). Whether the claimant's husband died due to the said accident?

(3). Whether the offending vehicle was insured with the Oriental Insurance Company Ltd. at the time of the accident?

(4). Whether the driver of the offending vehicle had valid and effective driving licence at the time of the accident?

(5). Whether the claimant are entitled to get any compensation? And if so, to what extent and by whom it shall be paid?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrIHwOvIpwStXNGB5HXnHWYus%2BWiC6o%2BMZntpMvc41%2BNR&caseno=MACApp./6/2019&cCode=1&cino=GAHC010240942018&state_code=6&appFlag=)

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