PRAMILA BORDOLOI Vs. BLUE HILI TRAVELS P LTD

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 21.7.2000 passed by the Member. Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No. 581/1996.

(2.) A claim case was filed for the death of one Pratap Bordoloi. The deceased was a driver by profession and on 15.7.1995 he was coming to Guwahati by driving a vehicle which was owned by Blue Hill Travels, Guwahati. When the bus reached Magina under Gohpur police station at about 8.30 P.M. and passing through a portion of the road, which was submerged with water, a truck bearing registration No. AMA-2819 proceeding from the opposite direction in a rash and negligent manner, collided with the bus and as a result the bus was capsized. The driver of the bus namely, Pratap Bordoloi expired as a result of the injuries sustained by him in the accident. A claim was filed for an amount of Rs. 9,00,000/-. The bus was insured with the M/s United India Insurance Company Ltd., O.P. No. 3. The Insurance Company, O.P. No. 3 filed written statement and denied the liability say ing that as the driver himself was negligent, he is not entitled to any compensation, Issue No. 2 reads as follows:-

(3.) The learned Member. MAC Tribunal relied on 1997(2) T.A.C. 307 (Mad). That is a decision by a Division Bench of the Madras High Court. The facts are as follows :