GAUHATI HIGH COURT ISSUES ORDER ON SMTI PROBE BALA DEBI AND 3 ORS V/S THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE AND 2 ORS.

GUWAHATI, India, April 15 -- Gauhati High Court issued the following order on March 13:

1. Heard Mr. H Das learned counsel for the appellants and Mr. R C Paul, learned counsel for the respondent No. 1, Insurance Company.

2. This appeal is directed against the judgment & order dated 24.09.2013 in MAC Case No. 73/2007 passed by the learned Member Motor Accident Claim Tribunal, Goalpara awarding the compensation to your appellants Rs. 3,80,000/- (Rupees three lakhs eighty thousand) only with 50% interest.

3. The learned counsel for the appellant submits that the appellants, as claimants, filed a claim petition before the Motor Accident Claims Tribunal, Goalpara claiming compensation of Rs. 6 (six) lakhs only along with her 2 (two) sons and 4 (four) daughters on account of the accidental death of her husband/father Late Dinesh Ch. Barman on 12.02.2016 at village Kumurigaon on N.H. 31 caused by a vehicle bearing No. AS-17/7196 (Bus). The said claim petition was registered and numbered as MAC Case No. 73/2007.

4. The claim petition reveals that on 12/02/2006 near Kumurigaon on N.H31 the husband/father of the claimants namely Dinesh Ch. Barman (since deceasd) was knocked by a bus bearing registration No. AS-17/1796 (Bus) due to rash and negligent driving, by the driver of the said offending vehicle. The alleged bus was coming from Chapar and going towards Bilashipara. As a result of this accident, the deceased Dinesh Ch. Barman died on the spot. In this regard, Chapar Police Station registered its P.S Case No. 28/2006, u/s 279/304(A) IPC as per FIR (Ect.2), Charge Sheet (EXT.3) and claim petition.

5. The offending vehicle bearing registration No. AS-17/1796 (Bus) was insured with Opp. Party No. 1 i.e. New India Assurance Co. Ltd., Bongaigaon Division, Chakpaguri Road, Bongaigaon, vide policy Cover Note No. 123414, valid up to 08/08/06. The Opp. Party No. 2 Sri. Heemanshu Sarkar, S/o Late Hemanta Kr. Sarkar, Vill. North Raypur, P.S Golakganj, Dist. Dhubri (Assam) was owner of the offending vehicle No. AS-17/1796 (Bus) at the time of accident. While the Opp. Party No. 3 Sri. Paresh Das, S/o Lt. Radha Kanta Das, Vill. North Raypur, P.S Golakganj, Dist. Dhubri (Assam) was driver of the said offending vehicle No. AS-17/1796 (Bus) at the time of accident, having D/L being No. 4011/Kjr/96, valid up to 04/03/2007.

6. On receipt of notice of the aforesaid claim petition, out of the 3 opposite parties only O.P. No. 1 filed their W.S. and contested the proceedings. However, O.P. Nos. 2 and 3 did not participate in the said proceedings in spite of receiving their notices.

7. The learned Member of the Motor Accident Claims Tribunal, Goalpara, on the basis of the pleadings of the parties, framed three issues. On behalf of the appellants/claimants, they examined witnesses and exhibited a number of documents. However, no rebuttal evidence was led from the side of the opposite parties.

8. The learned Member of the Motor Accident Claims Tribunal, Goalpara, after hearing the parties, delivered the judgment and award on 24.09.2013 in MAC Case No. 73/2007 awarding compensation of Rs. 3,80,000/- only to the claimants/appellants with 5% interest.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOHFJ7d5%2FYoUnmWlqFNUs3T56eYOyzL8NX6HiuOHVs1rS&caseno=MACApp./505/2017&cCode=1&cino=GAHC010144562017&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.