RUBUL PATHAK Vs. BABUL KAIBARTA

JUDGEMENT

(1.) This appeal has been preferred by the appellant Rubul Pathak, owner ofthe alleged offending vehicle bearing No. AS 14-6148 in MAC Case No.104/2015 (Death) in MAC Case No. 104/2015 (Death) wherein, learned Member MACT Nalbari, has awarded compensation in favour of the claimant amounting to Rs.6,08,000.00(Rupees six lakhs eight thousand) only and directed theappellant to pay the said amount of compensation to the claimant as owner of the vehicle as the vehicle was not insured at the relevant time of accident.

(2.) The brief facts of the case is that on 23/4/2014 at about 10:55 A.M. while the claimant Babul Kaibarta was riding a bicycle from his house towards Kumarikata accompanied by his wife and six years old son and when they reached at Dehar Kalakuchi on Bahjani Kumarikata PWD Road, at that time one vehicle bearing registration No. AS 14-6148 (Truck) coming in a rash and negligent manner knocked down the bicycle. As a result they were thrown off of the bicycle and the claimant's wife Bijaya Kaibarta sustained head injury and ultimately died. In connection with the accident Mukalmua P.S. Case No. 164/14 was registered under Ss. 279/338/304(A) IPC and on completion of investigation charge-sheet was submitted against the driver of the said offending truck.

(3.) The Opposite Party No. 2 i.e. Rubul Pathak, the appellant herein this appeal has filed his written statement, wherein it is stated that at the time of alleged accident he was not the registered owner of the vehicle AS 14-6148 (Truck). He purchased the said vehicle from the prior registered owner on 12/5/2014 and after purchasing the vehicle, the vehicle was insured with the National Insurance Co. Ltd. bearing Policy No. 200703/31/14/6700000466 which had coverage from 13/5/14 to 1/5/15. The death of alleged accident mentioned in the claim petition was on 23/4/2014 which was not covered by the said insurance policy. The claimant has falsely mentioned the said insurance policy number in the claim petition showing as valid.