ORIENTAL INSURANCE CO. LTD. Vs. RAHIMUN NESSA

JUDGEMENT

(1.) This appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988, read with Sec. 168 of the Act ibid, against the impugned judgment and award dtd. 10/6/2020 passed by the Motor Accidents Claims Tribunal, Unakoti Judicial District Kailashahar, in Case No. T.S.(MAC) No.08 of 2019.

(2.) The brief facts are that, on 23/12/2015, at about 7.00 hours, the deceased-Tayab Ali proceeded from his residence to Kailashahar town boarding on the offending vehicle (Auto-rickshaw) bearing registration No. TR.02-B-3496. When the said vehicle reached near Kubjar, the said auto rickshaw capsized due to the rash and negligent driving of the driver. As a result of said accident, Tayab Ali sustained severe injuries, and immediately he was shifted to RGM Hospital where he succumbed to his injuries.

(3.) The Oriental Insurance Company Ltd., which is a Government of India undertaking was impleaded as the insurer of the vehicle bearing registration No.TR-02-B-3496 (Auto Rickshaw) in the claim petition filed by the claimant-respondents under Sec. 166 of the Motor Vehicles Act, 1988, in the case No.T.S. (MAC) No. 08 of 2019 claiming compensation of Rs.32,40,000.00 for the death of Tayab Ali in the above-mentioned accident occurred on 23/12/2015 at about 7.00 hours.