ORIENTAL INSURANCE CO. LTD. Vs. CHINTA DEVI

JUDGEMENT

(1.) The appellant/Oriental Insurance Co. Ltd. being aggrieved and dissatisfied with the award passed by the learned Member, Motor Accident Claims Tribunal (MACT) at Shillong in the East Khasi Hills District of Meghalaya dtd. 28/3/2018 in MAC Case No. 29 of 2009, has come before this Court on appeal with a prayer to set aside and quash and/or to modify the impugned judgment.

(2.) Facts not disputed by the parties herein revealed that on 10/5/2009 a motor vehicle accident occurred inside the compound of Vishal Roadways at Umsohsun, Shillong where one vehicle, a Mahindra Max Pick-up bearing registration No. ML-10-5458 belonging to the respondent No. 2, driven by one Subash Singh on being parked in the said place, rolled back and dashed against the deceased husband of the respondent No. 1, who, on being injured was rushed to Woodland Hospital, Shillong, but however succumbed to his injuries on 18/5/2009. A criminal case vide Shillong Sadar P.S. Case No. 78(5) of 2009 under Sec. 279/338/427/304(A) IPC was registered against the driver of the said vehicle.

(3.) The respondent No. 1 as Claimant along with other next of kin of the deceased filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.45,13,316.00 (Amended claim). The appellant on receipt of notice has entered appearance and contested the case by filing the written statement. It is however averred that the owner and driver of the said vehicle involved having entered appearance have not filed any written statement but only a common show cause was filed. The said driver had also expired on 22/12/2011 during the pendency of the claim before the Tribunal.