NATIONAL INSURANCE CO. LTD. Vs. MADAN CHANDRA DEKA

JUDGEMENT

(1.) Heard Ms S Roy, learned counsel for the appellant and Mr G Jalan, learned counsel for the respondent Nos. 1 and 2/claimants.

(2.) This appeal has been preferred by the Insurance Company, challenging the Judgment and Order dtd. 29/8/2006, passed by the learned Member, MACT, Kamrup and thereby awarding an amount of Rs.2,74,000.00 along with interest @ 6% per annum from the date of filing of the petition till realization, in MAC Case No. 141/2006.

(3.) The brief facts of the case is that on 30/11/2005, while the claimant's son was riding a vehicle, bearing No AS-01E-5334 (Esteem) and on reaching near Darakohara under Kamalpur Police Station, the said vehicle met with an accident due to technical snag and as a result of which, dashed into a tree for which the son of the claimant sustained grievous injuries on his person and ultimately succumbed to his injuries at GMCH, Guwahati. After the accident one GD Entry vide. Kamalpur PS GDE No. 724, dtd. 30/11/2005, was registered on the same day. At the relevant time of accident, the alleged vehicle was duly insured with the National Insurance Company Limited.