JITUMONI REGON Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 in respect of a judgment and order dtd. 27/11/2018 passed by the learned Motor Accident Claims Tribunal, Kamrup (Metro) in MAC case no. 381/2015. The appellants are aggrieved with regard to the adequacy of the Award.

(2.) While the appellant no. 1 is the husband of the deceased, the appellant nos. 2 and 3 are the minor sons. It is the case projected by the appellants that the wife of the appellant no. 1 - Amiya Das had expired in a motor vehicles accident occurring on 5/12/2014, involving a motorcycle bearing registration number AS - 01/80-0863, which had occurred under the Bhangagarh Police Station in the district of Kamrup (M). She was rushed to the Guwahati Medical College and Hospital and she had ultimately passed away on 7/12/2014. The claim was to the tune of Rs.20.00 lakhs.

(3.) The claim was resisted by the opposite parties by filing written statements. The owner cum driver of the vehicle who was arrayed as opposite party no. 1 had denied the claim. However, he had admitted that he was the registered owner and driver of the vehicle in question, which was duly insured with the United India insurance Co. Ltd. and held all the valid documents of the vehicle at the time of the accident. The Insurance Company which was arrayed as opposite party no. 2 had submitted that its liability would not be accepted if there was any violation of the policy conditions or if the driver did not have any valid driving license.