UNITED INDIA INSURANCE COMPANY LTD. Vs. JAYANTI GUPTA

JUDGEMENT

(1.) Heard Mr R Goswami, learned counsel appearing for the appellant/Insurance Company and Mr M Dutta, learned counsel appearing on behalf of the respondent Nos. 1 to 3/claimants. Also heard Ms M Choudhury, learned counsel appearing on behalf of the respondent No. 6/Oriental Insurance Company Limited.

(2.) Since the appeal and cross objection relate to the Judgment and Award dtd. 5/6/2014, passed by the learned Member, MACT, Golaghat, in MAC Case No. 64/2007, they are being disposed of by this common judgment.

(3.) The brief facts of the case is that the respondents/claimants have filed a claim petition under Sec. 163 (A) of the MV Act, stating, interalia, that on 21/2/2007, at about 09:15 pm, while the husband/son of the claimants was returning to his house at Khumtai Tea Estate from Bokakhat by riding his motorcycle, bearing Registration No. AS-05-B-0617, through NH-37 and while he reached near Bihora, under Bokakhat PS, the rider of the said motor cycle met with an accident with a vehicle bearing Registration No. AS-01-L/0138 (Oil Tanker), as a result of which, the husband/son of the claimants, Jay Shankar Gupta, sustained grievous injuries on his person and died at Bokakhat CHC. His Post Mortem Examination was done at Civil Hospital, Golaghat. It is alleged that the accident took place due to rash and negligent driving of the oil tanker, bearing Registration No. AS-01-L/0138, but the claimants had filed the petition under Sec. 163(A), but not under Sec. 166 of MV Act.