ORIENTAL INSURANCE COMPANY LTD. Vs. MOJUM ADO

JUDGEMENT

(1.) Heard Mr. Uttam Deka, learned counsel for the appellant alongwith Mr. L. Bam, learned counsel for the respondents.

(2.) This is an application Under Sec. 173 of the Motor Vehicle Act, 1988 (as amended up-to-date) for interference of the judgment and award dtd. 10/6/2019 whereby and whereunder the learned Member of District Motor Accident Claim Tribunal of District : Leparada at Basar, Arunachal Pradesh directed the appellant/opposite party to make payment of an illegal, unjustifiable amount of Rs.34,04,600.00 (Rupees thirty four lacs four thousand six hundred) only with an interest @ 8% p.a. towards claimant/present respondent as compensation.

(3.) Facts of the case in a nutshell is that on 20/12/2015 at about 4 PM Smti Moter Ado (respondent/claimant) boarded Tata Sumo No.AR-11/2502 which was plying between Kamba and Aalo as passenger vehicle to return to her home at Aalo after BA Final Semester Exam, at Donyl Polo Government College, Kamki, Kamba. The offending vehicle departed from Kamba at around 4:30 pm with single passenger but before reaching Kabu village in a mild curve area, the vehicle suddenly skid off the road towards left side and fell down into deep gorge and as a result driver of the offending vehicle (Sri Nyadar Ete) and respondent/claimant (Smti Mojum Ado) received injury and latter both had to be admitted to General Hospital Aalo.