RUSHI Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) On 13/4/2013, when she was still a child of less than twelve years of age, the appellant was involved in an accident that left her permanently disabled to the extent of 75%. The vehicle in which she was travelling with her father was hit by the Max Pick Up Van bearing Registration No. AS-01CC-3349. In the result, she suffers from severe Hemiparesis in her left upper and lower limbs.

(3.) MAC Case No. 1431 of 2014 was filed on her behalf by her father, Dhan Bahadur Thapa, before the Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati (for brevity, 'the MACT'). M/s. Oriental Insurance Company Limited, with which the offending Max Pick Up Van was stated to have been insured, was arrayed as Opposite Party No. 1 while the owner and driver of the said Van were shown as Opposite Parties No. 2 and 3. By judgment dtd. 23/2/2018, the MACT held that the vehicle in question was duly insured with M/s. Oriental Insurance Company Limited by its owner, Opposite Party No. 2, and that the driver, Opposite Party No. 3, who possessed a valid Driving License at the relevant time, had caused the accident due to rash and negligent driving.