ORIENTAL INSURANCE COMPANY LTD Vs. LAKHIMAI TERONPI

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. C. Sharma, learned counsel for the appellant. Also heard Mr. B. C. Das, learned Senior Counsel assisted by Mr. P. C. Dey, learned counsel for the respondent No. 7 and Mr. D. K. Kalita, learned counsel for the respondent Nos. 1 to 6.

(2.) This is an appeal under Sec. 173 of the Motor Vehicle Act, 1988, against the judgment and order dtd. 20/1/2015, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, in MAC Case No. 859/2013.

(3.) The brief facts leading to this appeal is that on 23/1/2013, at about 6.10 a.m., at Tarabasa, Smti Lakhimai Teronpi (claimant) and her husband- Lt. Lakhan Singh Phangso was going from Bhaloghat towards their residence by a vehicle, bearing Registration No. AS-02A-3936 (Tata Indica), and when they reached Tarabasa, due to rash and negligent driving, the vehicle met with an accident and the vehicle dashed against a tree, on which the claimant- Lakhimai Teronpi sustained grievous injury on her person and her husband died on the spot. Accordingly, the claimant, along with her children and mother-in-law, filed the claim petition for compensation for the death of the deceased- Lakhan Singh Phangso.