GUWAHATI, India, Aug. 14 -- Gauhati High Court issued the following order on July 14:

1. Heard Mr. S. Chauhan, learned counsel for the appellants. Also heard Ms. R. D. Mozumdar, learned counsel appearing for the respondent Nos. 3 & 5.

2. This Appeal under Section 173 of the MV Act, 1988 has been filed by the claimants/appellants impugning the judgment and award dated 30.06.2022 passed in MAC Case No. 1011/2012 by the learned Member, Motor Accident Claims Tribunal No. II, Kamrup(M), Guwahati whereby the respondent New India Assurance Company Limited (respondent No. 3) was directed to pay a compensation amount of Rs.8,64,500/- (Rupees Eight Lakh Sixty Four Thousand Five Hundred) to the claimants within a period of thirty days from the date of the judgment, along with an interest @ 7.5% per annum from the date of filing of the evidence on affidavit i.e., 12.03.2021 till the date of payment.

3. The facts relevant for consideration of the instant MAC Appeal, in brief, are as follows:-

i. That on 21.08.2011, at about 5:30 PM, the husband of appellant No. 1, father of appellant Nos. 2 and 3 as well as son of appellant No. 4, namely, Tapan Kumar Ghosh was coming from Tezpur to Guwahati in an Alto car bearing Registration No. AS-01-BC-4156. He was accompanied by two other persons, namely, Pabitra Saikia and Mahidul Islam and the said car was driven by one Hasmat Ali. When the said vehicle reached at Katani Gaon at N.H. No. 52, one truck bearing Registration No. NL-01-G-4158, which was driven in a rash and negligent manner and was proceeding from the opposite direction, hit the Alto vehicle. As a result of the said accident, Tapan Kumar Ghosh sustained grievous injuries and he succumbed to the said injuries on his way to the hospital.

ii. Thereafter, on 13.06.2012, the appellants filed a motor accident claims case under Section 166, read with Section 140 of the MV Act, 1966, seeking compensation for the death of late Tapan Kumar Ghosh in the motor vehicular accident which occurred on 21.08.2011. The Insurance Company of the truck and the Insurance Company of the Alto car, as well as the owner of the Alto car, entered his appearance in the claim case and contested the case by filing written statements. However, the case proceeded ex parte against the owner and driver of the offending truck bearing Registration No.NL-01-G-4158.

iii. On the basis of the pleadings of the parties, following issues were framed:-

"1. Whether on 21-08-2021 at about 07:45 P.M. at Katani Gaon, on the National Highway No. 52 under Thelamara Police Station as accident has arisen due to the rash and negligent driving of the vehicles bearing Registration No.NL-01-G-4158 (Truck) and AS-01-BC-4156 (Alto Car) on the parts of its drivers and whether the said accident has caused the death of Tapan Kumar Ghosh?

(2) If so, whether the claimants are entitled to receive any compensation, and if yes, what should be the quantum and who amongst the opposite parties, is liable to pay the compensation amount?"

iv. The claimants in order to prove their case have adduced the evidence of two witnesses and exhibited about 15 documents as Exhibit-1 to Exhibit-15. However, the opposite parties adduced no evidence in support of their defence. Ultimately, by the impugned judgment and award, the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati awarded a compensation amount of Rs.8,64,500/- (Rupees Eight Lakh Sixty Four Thousand Five Hundred) to the claimants.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfDn9GpsEs8mIMrHMgPRuMF0Sslmo1Q2i%2BF%2FRKE2%2Bvy7r&caseno=MACApp./362/2022&cCode=1&cino=GAHC010138272022&state_code=6&appFlag=)

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