NEW INDIA ASSURANCE COMPANY LTD. Vs. LATA AGARWALA

JUDGEMENT

(1.) Both the appeals are taken up together for disposal as both the appeals arise against the judgment and award dtd. 26/08/2011 in MAC Case No.41/2005.

(2.) For the purpose of adjudication of the appeals, it is relevant to take note of the facts involved. As the facts in both the appeals are same, the factual details are narrated herein on the basis of the status of the parties as they stood before the Tribunal below.

(3.) The deceased Kailash Kumar Agarwal was travelling as a pillion rider in a Bajaj Motorcycle bearing Registration No.AS06D/7254 from New Market to Chiring Chapori, Dibrugarh through Mancotta Road to visit Durga Puja Math Pandal on 23/10/2004 at about 2 AM. As they reached the over bridge, the Opposite Party No.2, who was riding the said motorcycle lost control and hit the railing of the over bridge and fell down. Consequently, the said Kailash Kumar Agarwal (since deceased) sustained multiple injuries and was taken to Srimanta Shankardeva Hospital and then to Aditya Diagnostic Hospital and ultimately to Sristi Hospital and Research Center Dibrugarh, where he succumbed to his injuries. The post mortem was carried out on 25/10/2014 and in the post mortem report it was mentioned that the cause of death is coma resulting from head injuries and all injuries are ante-mortem and caused by blunt force impact consistent with the vehicular accident. On the basis of the information received from Binod Kumar Agarwal, the brother of the deceased, about the accident, Dibrugarh Police Station Case No.531/04 (G.R. Case No.1865/04) under Sec. 279/304A of the Indian Penal Code was registered. After the completion of the investigation, the police submitted charge sheet under Sec. 279/304A IPC against the Opposite Party No.2.