ORIENTAL INSURANCE CO. LTD Vs. PEKHAN BALA DAS

JUDGEMENT

(1.) These appeals are directed against the common award dated 20.1.2003 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No. 693/1996 and MAC Case No. 694/1996, whereby and whereunder an amount of Rs. 3,07,000/- and Rs. 3,56,000/- have been awarded for the death of Nirmal Das and Dhiraj Nath, respectively. The respondent Nos. 1 to 5 in MAC Appeal No. 91/2003 (arising out of MAC Case No. 693/1996) and the respondent Nos. 1 to 3 in MAC Case No. 92/2003 (arising out of MAC Case No. 694/1996) filed applications under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Nirmal Das and Dhiraj Nath respectively, in a motor accident occurred on 23.9.1996 at about 6.30 P.M. involving the motor vehicle bearing registration No. AS-01A-0427 (Bus), of which Sri Prabitra Kanta Sarma was the owner, contending inter alia that while both the deceased were travelling by scooter bearing registration No. AS-01D-2186, the aforesaid bus driven in a rash and negligent manner, knocked the scooter, as a result of which both Dhiraj and Nirmal sustained injuries on their person and eventually died. It has also been contended that on the basis of the information received Boko PS case No. 105/1996 registered under Section 279/304A/427 IPC was registered against the driver of the offending vehicle i.e. the bus.

(2.) The claim of the claimants has been contested by the Insurance Company, the insurer of the bus, denying the claim and putting the claimants to the strictest proof thereof. It has also been contended that there was contributory negligence on the part of Dhiraj Nath, who drove the scooter, apart from the plea that the driver of the offending vehicle did not have a valid license. The New India Assurance Company, who was also a party to the aforesaid proceeding and who is the insurer in respect of the scooter, filed written statement contending inter alia that since there was no negligence on the part of the driver of the scooter no award can be passed against the owner of the scooter, consequently, New India Assurance Company cannot be made liable for satisfying the award. The owner and the driver of the offending vehicle, however, did not contest the proceedings.

(3.) The claimants in support of their claim have examined three witnesses, namely, Sri Jibeswar Das (Witness No. 1), Smti Pekhan Bala Das (witness No. 2) and Sri Manik Sinha (witness No. 3). Jibeswar Das and Manik Sinha were witnesses to the occurrence. These witnesses were cross examined by the Insurance Company, who, however, did not lead any evidence in support of their contention in the written statement.