ORIENTAL INSURANCE CO. LTD. Vs. MANJU SONOWAL

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel assisted by Mrs. M. Choudhury, learned counsel for the appellant. None appears on call for the respondents although notice was duly served.

(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988, the appellant has assailed the judgment and award dated 16.09.2011 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No.50/2007.

(3.) On 23.12.2005, the deceased Late Mahendra Sonowal, the predecessor-in-interest of the respondent nos.1, 2 and 3 was riding a motorcycle insured with the appellant bearing registration No. AS-23/D-6939, owned by his brother Ratan Sonowal and while proceeding towards Margherita, he met with an accident in which he had sustained grievous injuries and died on the spot. The respondent nos.1, 2 and 3 filed a claim petition and in the trial, the Accident Information Report issued by the Margherita P.S. was exhibited as Ext.1 and Postmortem Report was exhibited as Ext.2. The original driving licence of the deceased could not be exhibited, but the photocopy thereof was produced before the learned Tribunal as document no.1. The appellant examined the Insurance Investigator as D.W.1 and he had exhibited his report as Ext.1 and photograph of the place of accident as Ext.2.