ORIENTAL INSURANCE CO. LTD Vs. RAJINDER KAUR DIDDAN

JUDGEMENT

(1.) Two claim applications were filed before the Motor Accident Claims Tribunal (MACT), Shillong by the respondent herein as claimant seeking compensation on account of the death of her husband and also for injuries sustained by her as a result of a motor vehicle accident which occurred on 2/5/2003 at about 9:00 a.m. or so at Pahamrioh village on the GS Road. The said applications were registered as MAC Case No. 3 of 2004 and MAC Case No. 4 of 2004 respectively.

(2.) According to the respondent/claimant on that fateful day, she along with her deceased husband, H.P.S. Diddan, their son Kabeer Singh Diddan, Shri. Mewalal (Driver) and Shri. Siddharth Maitreya was travelling in a Maruti van No. MH-04-BD-7260 from Shillong towards Gauhati on their way to Sikkim, at about 9:00 a.m. on reaching Pahamrioh village, GS Road the vehicle they were travelling in was hit by one truck bearing registration No. AS-25-B-5389. The occupants of the van sustained grievous injuries and were removed to the hospital where her husband succumbed to his injuries at Narazeth Hospital, Shillong while she sustained injuries on her person.

(3.) A motor vehicle accident having taken place, an FIR dtd. 1/7/2003 was filed by SI B.K. Mishra before the Officer-in-Charge Nongpoh Police Station and accordingly, Nongpoh P.S. Case No. 55(07) 2003 under Ss. 279/427/304-A IPC was registered against Shri. Babul Boro the driver of the said truck No. AS-25-B-5389.