MELTINA SHABONG Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The appellant in this appeal assails the correctness of the judgment and order dated 08.08.2012 passed by Motor Accident Claims Tribunal, Shillong in MAC Case No. [SH] 71/2004. The appellant filed the Claim petition claiming compensation of Rs. 48,96,000/- on account of death of her husband in a Motor Accident. The Case of the Claimant as set out in the claim petition was that on 17.10.2003 claimant's husband Klisar Rani boarded a bus bearing No. ML-05-C-8738 at Shillong to go to Nongspung Village. When the bus reached at Umshyrpi bridge on a sharp turn the bus took a turn at a high speed and Klisar Rani jerked out of the bus. He was immediately rushed to hospital where he succumbed to his injuries. The deceased was a Class-II Contractor and was doing regular construction works with PWD & Irrigation Department and Public Health Engineering, Government of Meghalaya. He was also a progressive fanner and businessman. His monthly income was 32,000/-. The vehicle was owned by O.P. No. 1, and was driven by O.P. No. 4. It was insured with M/S. Oriental Insurance Company Ltd.

(2.) The O.P. No. 1, Insurer of the Vehicle contested the claim inter-alia on the ground that the accident in question had not taken place on account of alleged rash and negligent driving of the bus. According to O.P. No. 1, the deceased was travelling on the roof top of the bus. The deceased without permission of the driver or the conductor and without their notice climbed on the roof of the bus and died due to his own negligence for which the insurer cannot be held liable. The age and income of the deceased were also disputed. The owner and driver of the vehicle did not contest the claim and therefore the proceeding preceded ex-parte against them.

(3.) Upon the pleading the learned Tribunal settled the following issues:-