NATIONAL INSURANCE CO. LTD Vs. NIRADA DEVI

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel appearing for the appellant and Ms. S.A. Ahmed, learned counsel appearing for the applicant/respondent no.1.

(2.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dtd. 8/7/2011 passed by the learned Member, MACT, Lakhimpur in MAC Case No.25/2009, whereby an amount of Rs.3,86,000.00 was adjudged as compensation to the claimant to be paid within a period of 2 (two) months from the date of award, failing which interest @ 6% p.a. would accrue to the awarded amount. The facts of the case relevant for the purpose of disposal of the instant appeal are that the son of the claimant Aditya Sarma (since deceased) while travelling on his own vehicle bearing Registration No. AS-07-B-5237 on 12/3/2008 at about 3:30 p.m. fell down from the vehicle on account of rash and negligent driving of the said vehicle of the driver, as a result of which the son of the claimant sustained serious injuries and subsequently he succumbed to his injuries and died. Subsequent thereto a claim petition was filed whereby the claimant who is the mother of the deceased sought for compensation to the tune of Rs.19,15,500.00. The said claim proceedings was registered and numbered as MACT Case No.25/2009. The appellant who was the opposite party no.2 in the said proceedings filed their written statement and pursuant thereto 3 (three) Issues were framed i.e. (1) Whether the accident took place due to rash and negligent driving of the vehicle registration No.AS.07.B-5237 (Tracker) by its driver causing death of Aditya Sarma; (2) Whether the claimant is entitled to get any compensation as prayed for and (3) What other relief/reliefs the parties are entitled to.

(3.) The claimant in support of her case examined herself and 2 (two) other witnesses. The appellant who is the opposite party no.2 adduced evidence of one Sri D.C. Barman, Administrative Officer of the appellant company stationed at Lakhimpur and as well as insurance policy exhibited as Exhibit-A. The Claims Tribunal while deciding the Issue No.1 came to a finding that the accident took place due to rash and negligent driving of the vehicle by the driver which led to the death of the claimant's son. While deciding the Issue No.2 and 3 which were done together, the Court below was of the opinion that both the opposite party nos.1 and 2 i.e. the driver and the appellant were jointly and severally liable to make payment of the amount that may be found due to the claimant. In arriving at the compensation, the Court below found that Rs.3,86,000.00 would be just and fair compensation to be paid to the claimant within a period of 2 (two) months from the date of the award, failing which interest @ 6% p.a. shall accrue on the awarded amount.