PRAMILA BORDOLOI Vs. BLUE HILL TRAVELS P LTD

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 21.7.2000 passed by the Member, Motor Accidents Claims Tribunal, Kamrup at Guwahati in M.A.C. Case No. 581 of 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 United India Insurance Co. Ltd., O.P. No. 3. The insurance company, O.P. No. 3, filed written statement and denied the liability saying that as the driver himself was negligent, he is not entitled to any compensation. Issue No. 2 reads as follows:

(3.) The learned Member, M.A.C. Tribunal relied on Oriental Insurance Co. Ltd. v. Pandurangan, 1999 ACJ 327 (Madras). That is a decision by a Division Bench of the Madras High Court. The facts are as follows: