NEW INDIA ASSURANCE CO. LTD Vs. GURIA SAHANI

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. J. Kalita, learned counsel for the respondent Nos. 1 and 2 and Ms. M. Choudhury, learned counsel for the respondent No. 4.

(2.) This is an application under Sec. 173 of the Motor Vehicle Act, 1988, against the judgment and award dtd. 21/3/2017, passed by the learned Member, MACT, Nagaon, in MAC Case No. 499/2014, under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The brief facts of the case is that the appellant/New India Assurance Company Ltd., a Government. of India Undertaking with its Registered and Head Office at Middleton Street, Kolkata, and its Regional Office at G.S. Road, Bhangagarh, Guwahati, was impleaded as Opposite Party No. 5 in MAC Case No. 499/2014 by the respondent Nos. 1 and 2/claimants claiming compensation for the death of the husband of the respondent No. 1 in a motor vehicle accident on 31/3/2014, at around 8.20 P.M., at Pachim Senchowa Agriculture Tiniali under Nagaon Police Station in the Nagaon District of Assam. The husband of the respondent No. 1/claimant died, as a result of motor vehicle accident on 31/3/2014, while the deceased was proceeding from Raha towards his house by riding his motorcycle, bearing Registration No. AS-02/L-3625, as a pillion rider. The accident occurred when he reached near Pachim Senchowa Agriculture Tiniali when suddenly a vehicle, being Registration No. AS-01/T-6214 (Indica DLS), which was coming from Nagaon side, knocked at front side of the motorcycle. As a result of the said accident, the husband of the respondent sustained grievous injuries on his person and finally succumbed to his injuries.