UNITED INDIA INSURANCE CO LTD Vs. MAHANTA NAMASUDRA

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 by the M/s. United India Insurance Co. Ltd. against the judgment and order dated 9.8.2005 as passed by the Motor Accident Claims Tribunal, Tinsukia in M.A.C. Case No. 21 of 2003. The findings as returned by the Tribunal as regards the death of Mukunda Namasudra on 3.1.2003 from the accident in the course of his employment in the bus stand near Durgabari, Tinsukia when the vehicle bearing No. AS- 23B-9475 (Mini Bus) was in the stationary condition, when hearing hue and cry by the driver of the another vehicle (jeep) the deceased who was driver-cum-conductor of the said mini bus came out and boarded the foot rest of the driving seat to request the driver Sudhir Rai, he in a rash and negligent way drove the said vehicle (jeep) in a high speed and for sudden jerk the deceased fell down from the foot rest of the Jeep vehicle and got severe head injuries and ultimately succumbed to his injuries and the insurance coverage of the Jeep vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed requiring no further appraisal.

(2.) The questions those raised in the appeal are related to:

(3.) Mr. S.K. Medhi, learned Counsel appearing for the appellant quite succinctly submitted that finding of the Tribunal that the fatal injuries as received by the deceased was outcome of a motor accident is not only the misreading of the evidence but also a laboured finding in as much the First Information Report had led to registration of a police case under sections 341/325/506/307, I.P.C.