ORIENTAL INSURANCE COMPANY LTD Vs. MUSTAFIZUR RAHMAN

JUDGEMENT

(1.) Heard Mr. S Dutta, learned Senior counsel assisted by Ms. S. Muchahari, learned counsel for the appellant. Also heard Mr. M Khan, learned counsel for the respondents.

(2.) The brief facts of the present case as pleaded by the claimant are that on 26/5/2013 at about 6 p.m. when the claimant No. 1 was riding a motor cycle bearing registration No. AS-19 D-4694 with his wife as a pillion rider all of a sudden one child crossed the road through the front side of the vehicle near Dumerguri Part-III on PWD road under Abhayapuri Police Station and accordingly the claimant No. 1 had to apply sudden breaking, for which he lost control and fell down. The claimant's wife, namely, Khalida Khatun got grievous injuries, she was shifted to Abhayapur Civil Hospital for treatment, where she succumbed to the injuries and died. Later on, post-mortem examination was done. A police case being Abhayapuri P.S. case No. 131/2013 under Sec. 279/304 (A) IPC was registered. Accordingly, the claim for compensation of Rs.5,72,000.00 was made before the learned Member, Motor Accident Claims Tribunal, Bongaigaon, which was registered as MAC case No. 140/2013.

(3.) The Insurance Company/ appellant under whom, the motor cycle was insured, appeared before the learned Tribunal below, contested the claim by filing written statement. Amongst others, they took a specific stand that the rider/ claimant was not having a valid driving licence. Both the sides led evidence, documentary and oral. From the material available on record certain undisputed facts are discernible, which are also not disputed by Mr. Khan, learned counsel for the claimant can be summarized as follows: