NEW INDIA ASSURANCE CO LTD Vs. DRI LANGSHIANG

JUDGEMENT

(1.) This appeal under Section 173, Motor Vehicles Act, 1988 is directed against the judgment and award dated 30-1-2009 passed by the learned Member, Motor Accident Claims Tribunal, Shillong in M.A.C. Case No. 72 of 2006 awarding a compensation of 8,23,000/- together with interest at the rate of 9% per annum in favour of the claimant-Respondent on account of the death of her husband in a vehicular accident.

(2.) The facts leading to the filing of the appeal, as pleaded by the claimant-Respondent, may be briefly noted at the outset. On 23-10-2006 at about 7.30 P.M., the deceased Stelin Phawa along with friend, namely, Shri Soo Suting, hitched a lift in a goods carrying truck bearing No. AS 01 X 6637 at Mookyndur Bridge and after getting down there, he was walking on the extreme left of the road, but all of a sudden, he was ran over by the back wheel of the truck and died instantaneously. The accident took place due to the negligence of the driver, who falsely, in collusion with the police, stated in the FIR that he was drunk. The claimant also filed an FIR on 27-10-2006 to the S.P. Jaintia Hills for registering a case. The claimant-Respondent, who is the wife of the deceased, then filed a claim petition before the Motor Accident Claims Tribunal seeking a compensation of 9,11,000/-. Both the owner of the offending vehicle and the insurer contested the claim petition and filed their respective written statements denying their liability to pay the compensation. However, in the course of the proceedings, the owner of the vehicle failed to contest the case whereupon the case proceeded against him ex-parte. This prompted the insurer-Respondent to file and was allowed to contest the claim petition under Section 170 of the Motor Vehicles Act., 1988. On the pleadings of the parties, the following issues were framed:

(3.) Whether the driver of the said vehicle had any valid driving license?