NEW INDIA ASSURANCE CO LTD Vs. RUPALI REGON

JUDGEMENT

(1.) On 15.9.2008 at about 6.45 a.m. on NH-52 near Maidamai Gaon, while the deceased was proceeding towards Charaimaria on his bicycle, suddenly the offending Vehicle hearing Registration No. AS-07A/4300 (709 Mini Bus) driven by the opposite party No. 2 coming from Boginadi side, knocked him down and as a result he sustained grievous injuries and after continuous treatment, he died on 28.9.2008 at the Gauhati Medical College Hospital. The legal heirs of the deceased filed a claim petition on account of Ins death for compensation of Rs. 21,46,160 against the different heads jointly and severally against the opposite parties. In the said claim petition, the driver and owner of the offending vehicle were imploded as opposite party Nos. 1 and 2 while the Branch Manager and the Division Manager of the New India Assurance Company Ltd. were impleded as opposite party Nos. 3 and 4. The opposite party Nos. 1 and 2 filed a joint written statement. The opposite party Nos. 3 and 4 filed a petition on 17.7.2009 under Section 170 of the MV Act seeking permission to raise and merit.

(2.) After hearing the parties, the learned Tribunal rejected the aforesaid petition vide order dated 3.7.2009, Thereafter, on consideration of the evidence and materials on record and after hearing the parties, passed the impugned judgment and order dated 2.9.2009 awarding total compensation of Rs. 14.12.277 with interest @ 9% per annum from the day of filing the claim petition and until payment of the awarded amount by the insurer in the form of bank draft in the Court of the learned Tribunal.

(3.) I have heard Mr. Bendang Wabang, learned Counsel for the Appellant-insurer and Mr. T.B. Jamir, learned Counsel for the opposite party Nos. 1 and 2. I have also heard Mr. L. Wabang, learned Counsel appearing for Respondent No. 4. None appears for Respondent No. 3.