UNITED INDIA INSURANCE CO. LTD. Vs. BISWAJIT DEBNATH

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act is directed against the judgment and award dated 25.09.2018 delivered by the Motor Accident Claims Tribunal, Khowai in T.S.(MAC) 09 of 2015 awarding compensation of a total sum of Rs.13,06,000/- along with 9% annual interest thereon to the elder brother and grandmother [claimant petitioners 1 to 2] of Abhijit Debnath who died in a road traffic accident on 08.09.2014 in Teliamura rural hospital.

(2.) Factual context of the case is as follows:

(3.) Owner of the offending vehicle was impleaded as respondentNo-1 and its insurer was impleaded as respondent No.2. Pursuant to notice issued from the Tribunal, the respondents appeared and filed written reply. In his written reply respondent 1 admitted the accident. But he denied the imputation of rash and negligent driving. He claimed that at the time of accident his vehicle was duly registered and the driver was also possessing a valid driving license. He stated that his vehicle was also duly insured with Oriental Insurance Company Limited [Respondent No2] and copy of the insurance policy was submitted by him. The Insurance Company [respondent No.2] pleaded that the claim was exorbitant and its liability was subject to production of valid documents of the vehicle and driving license of the driver as well as a valid insurance policy.