NATIONAL INSURANCE COMPANY LIMITED Vs. TARULATA GOGOI

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of M.V. Act 1988 against the judgment and order dtd. 1/2/2013 passed by learned Member, MACT, Jorhat awarding compensation amounting to Rs.1,82,000.00(Rupees One Lakh Eighty Two Thousand) only in favour of the respondent/claimant in MAC Case No. 18 of 1998.

(2.) The brief facts of the case is that on 12/11/1996 at about 1:00 P.M. the son of the claimant (Prem Kanta Gogoi) was riding a scooter bearing Registration No. AMU-7018 being owned by one Sri Suren Dutta. He was coming towards Jorhat town from Pulibar side. According to the claimant, one vehicle bearing registration No. AS-01 B/3101 (Recovery Van) knocked down her son Prema Kanta Gogoi as a result he sustained grievous injuries on his person. He was shifted to A.G. Nursing Home, Jorhat. As his condition was critical the injured was referred to Guwahati Medical College and Hospital. Thereafter, the injured was brought to Guwahati Medical College and Hospital, where he died on the next date. The claimant further stated that the accident occurred due to rash and negligent driving by the driver of the Recovery Van bearing No. AS-01 B/3101 and thereafter, the claimant being the mother of the deceased, filed, the petition under Sec. 166 of the Motor Vehicles Act praying for compensation for the death of her son.

(3.) During trial 3(three) witnesses were examined including the claimant. The claim case being No. MAC Case No. 18/1998 was dismissed by the Tribunal holding that the witnesses examined by the claimant were not present when the accident occurred as such the claimant failed to establish that the accident took place due to rash and negligent driving by the driver of the alleged offending vehicle.