BHAGYALATA BORA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard Mr. B. Baruah, learned counsel for the appellants as well as Mr. R. Goswami, learned counsel for the Insurance Company.

(2.) The issue raised is whether the definition of Light Motor Vehicle (in short, LMV) as provided under Sec. 2(21) of the Motor Vehicle Act, 1988 would include an Auto Rickshaw, which is a transport vehicle. The further question that has to be decided is as to whether the deceased, who is allegedly the owner of the Auto Rickshaw fulfills all the conditions required under the package policy provided by the Insurance Company, to enable the claimants to receive compensation under personal accident cover amounting to Rs.2,00,000.00.

(3.) This appeal has been filed against the judgment dtd. 17/5/2013 passed by the learned Member, MACT, Lakhimpur, North Lakhimpur by which the MACT Case No. 32/2012 was dismissed.