ORIENTAL INSURANCE COMPANY LIMITED Vs. MD. GAHAR MULLAH

JUDGEMENT

(1.) Heard Mr R C Paul, learned counsel appearing for the appellant/Insurance Company and Mr R Dhar, learned counsel appearing for the respondent/claimant.

(2.) The Insurance Company/appellant is on appeal filed under Sec. 173 of the Motor Vehicles Act, 1988, challenging the Judgment and Order dtd. 22/7/2015, passed by the learned Member, MACT No. 3, Kamrup, at Guwahati, awarding an amount of Rs.7,73,000.00, against the appellant, along with an interest @ 6% per annum, from the date of filing till payment.

(3.) The brief facts of the case is that on 5/2/2005, the respondent No. 1/claimant's son, i.e., the deceased, Md Karim Mullah was travelling from Barpeta towards Guwahati by the Vehicle No. AS-15-1438 (Truck), as a labour of the said vehicle. At about 07:30 am, said vehicle met with an accident at village Sariha Chakla on 31 No. National Highway, under Patacharkuchi Police Station, due to rash and negligent driving of the driver of the said vehicle and as a result, the deceased, Md Karim Mullah, the son of the respondent No. 1/claimant died on the spot. Immediately, after the occurrence, a case was registered before the Patacharkuchi Police Station vide Patacharkuchi PS Case No. 26 of 2005, under Ss. 279/304 (A) IPC.