MARY JERANG Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard Mr S P Choudhury, learned counsel appearing for the appellant and Ms S Roy, learned counsel appearing on behalf of the respondent No. 1/Insurance Company

(2.) This appeal has been preferred by the appellant/claimant against the Judgment and Order dtd. 21/9/2012, passed by the learned Member, MACT, Biswanath Chariali, Sonitpur in MAC Case No. 205/2007, whereby the claim petition of the claimant was dismissed.

(3.) The brief facts of the case is that on 4/6/2006, the husband of the claimant, Tegom Jerang (since deceased) was travelling in a vehicle bearing Registration No. AR-01-A/6722, as a passenger from Namsai to Naharlagun, by purchasing a ticket and he was allotted seat No. 1 of the said vehicle. On 5/6/2006, at about 5:30 am, in the morning hour, he was found lying on the roadside near Nilpur Tea Estate over NH-52, in an unconscious state with severe head injuries. On receipt of the information, the Police came to the spot and the injured was shifted to Biswanath Chariali Civil Hospital for treatment. As the condition of the injured was critical, he was referred to Kanaklata Civil Hospital at Tezpur. But subsequently, he was also referred to GMCH, but on the way to Guwahati, he succumbed to his injuries at Nagaon. The Post-Mortem examination of the deceased, Tegom Jerang was conducted at Tezpur Civil Hospital on 6/6/2006. In connection with the accident, one case was registered vide BNC PS Case No. 89/2006, under Sec. 302 IPC. At the relevant time of accident, the alleged vehicle was duly insured with National Insurance Company Limited.