ANITA DUTTA Vs. BISWAJEET PAUL

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned counsel for the appellants. Also heard Mr. K. Agarwal, learned counsel appearing for the respondent no.1 and Mr. S. Dutta, learned counsel representing the Oriental Insurance Company.

(2.) Both the MAC Appeal being MACApp No. 23/2015 and MACApp No. 379/2016 based on the same set of facts comprising the same issue, have been heard together and have been taken up for final disposal by this common judgment and order.

(3.) The brief fact of the case of the appellant/claimant is that on 23/11/2004 at about 7:30 PM while the husband of the appellant no.1 Pratul Dutta was driving a motorcycle bearing No. AS-01-J-7123 on the National Highway-37 a speeding truck bearing No. AS-01-T-2244 coming in a rash and negligent manner knocked down the motorcycle in which the husband of the appellant was travelling. As a result the husband of the appellant as well as the pillion rider fell down on the road and sustained grievous injuries on his person. The husband of the appellant was immediately taken to Down Town Hospital, Guwahati for better treatment. After the accident one case was registered vide Palashbari P.S. Case No. 21/2005 under Ss. 279/304A IPC. At the time of accident the alleged offending vehicle was duly insured with Oriental Insurance Company Limited.