GUWAHATI, India, Nov. 10 -- Gauhati High Court issued the following order on Oct. 13:

1. Heard Mr. S. Banik, leaned counsel for the appellant, and Mr. R. C. Paul, learned standing counsel for the respondent No.2. None appears for the respondent No.1.

2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and award dated 30.10.2019, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur (learned Tribunal, for short), in MAC Case No. 11/2018(D).

3. It is to be noted here that vide the impugned judgment and award dated 30.10.2019, the learned Tribunal has allowed the claim petition filed by the petitioner, directing the opposite party No. 5, i.e., the United India Insurance Co. Ltd.; to pay the sum of Rs. 10,00,150/- with interest @ 6% per annum, from the date of filing of the claim petition, i.e., on 31.03.2018; till full and final realization.

4. Being highly aggrieved by the said judgment and award dated 30.10.2019, passed by the Learned Member, Motor Accidents Claims Tribunal, Sonitpur, Tezpur the appellant has preferred the present appeal on the following grounds:-

(i) That the Learned Tribunal erred in law in directing the respondent No.5 to discharge the liability of the award and in not directing the opposite party No.3 to discharge the liability of the award and as such, the judgment dated 30/10/2019 is liable to be modified.

(ii) That the evidence of DW-2, i.e. the Administrative Officer of the opposite party No.5 Insurance Company having made it crystal clear that the police had submitted charge sheet (Exhibit -3) against the offending truck. However, the learned Tribunal failed to appreciate the matter in its entirety by sifting the evidence and as such, the learned Tribunal erred in law in settling the liability of the award on the opposite party No. 5 and not on the opposite party No. 3 and as such, the award dated 30/10/2019, is liable to be modified.

(iii) That the learned Tribunal having placed reliance on the report of the Motor Vehicle Inspector of the truck outweighing the conclusion reached by the Police Authorities, committed manifest error of law as also of facts in concluding the accident occurred due to rash and negligent driving by the driver of the WagonR and as such, the Judgment dated 30/10/2019 is liable to be modified.

4.1. Under the given facts and circumstances it is prayed for modifying and directing the opposite party No.3 to discharge the liability of the award, dated 30.10.2019 and to allow the present appeal.

5. Mr. Banik, leaned counsel for the appellant submits that the accident in question took place on 28.11.2017, wherein, two vehicles; bearing registration Nos. DL-03-CR/6768 (Wagon R) and AS-14C/0806 (truck) were involved and there was head-on-collision between the Wagon-R and the truck; and after investigation of the case, police submitted the charge-sheet (exhibit-3) against the driver of the offending truck. But, the learned Tribunal has saddled the responsibility in releasing the award upon the opposite party No. 5 and not on the opposite party No. 3; in spite of the driver of the truck being charge sheeted in the Police case, which was registered after the offence; and as such, the learned Tribunal erred in law in settling the liability upon the opposite party No. 5 and on such ground, the impugned award is liable to be interfered with and the matter may be remanded to the learned Tribunal to decide the matter afresh, after affording an opportunity of being heard to both the parties.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d8Jcy7Ueh13PyWObKs3oZAYW988zg2WkPgmRnRJaSYjz&caseno=MACApp./91/2020&cCode=1&cino=GAHC010020952020&state_code=6&appFlag=)

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