ORIENTAL INSURANCE CO. LTD. Vs. SAHARBAN BEGUM

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel appearing for the appellant as well as Mr. K. Bhattacharjee, learned counsel appearing for the respondents. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the Oriental Insurance Co. Ltd. against the judgment and award dated 18.08.2006 passed by the Motor Accident Claims Tribunal, Kamrup in MACT Case No. 266 of 2004.

(2.) The findings as returned by the Tribunal as regards the accident that occurred on 18.07.2003 involving the vehicles bearing registration Nos. AS-01/L-8268 (Bus) and AS-21/1357 (Bus), death of Abul Ali, the driver of the vehicle bearing registration No. AS-01/L-8268 (Bus) in the said accident and the insurance coverage of the vehicle bearing registration No. AS-21/1357 (Bus) by the appellant, the Oriental Insurance Co. Ltd. are not in dispute by either of the parties or in the appeal. As such, those findings stand affirmed requiring no further appraisal whatsoever.

(3.) The questions those have been projected in the appeal are related to (1) when there was a head-on collision, the Tribunal by not directing any part of the awarded sum to be paid by the owner of the vehicle bearing registration No. AS-01/L-8268 (Bus) has committed serious illegality and (2) in absence of any evidence, the Tribunal by considering the age of the deceased at 38 years has departed from the settled state of law.