UNITED INDIA INSURANCE COMPANY LIMITED Vs. URMILA CHAND

JUDGEMENT

(1.) This appeal is preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') against the judgment and award dated 11.11.2011 in MAC Case No.125/2009 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia, awarding a sum of Rs.11,82,000/- to the claimants/Respondent Nos.1 to 4 herein, to be paid by the appellant Insurance Company with simple interest @ 4% p.a. w.e.f. from the date of filing of the petition on 31.10.2009 to 18.12.2009 and from the date of receipt of the copy of the judgment and order till full and final realization.

(2.) The claim petition came to be filed by the claimants, who are mother of the deceased Priyank Chand @ Shimpi as Claimant No.1, wife of the deceased as Claimant No.2 and two minor sons of the deceased as Claimant Nos.3 and 4.

(3.) The case set out in the claim petition, in brief, is that on 27.02.2009 the deceased was travelling from Tinsukia to Makum by sitting in the front side seat of an Indica Car bearing Registration No.AS-23F-0934, which belonged to his friend Sri Gaurav Dutta. There was an accident earlier, involving 2 trucks bearing Registration No.AMB-0551 and AS-23F-0490. While police personnel was manoeuvring the said 2 trucks, the driver of the Indica car, namely, Niranjan Gogoi @ Rubul, driving the vehicle in a rash and negligent manner, at around 2 p.m., collided with the truck bearing No.AMB-0551, as a result of which Priyank Chand @ Shimpi died on the spot. In the claim petition, it is mentioned that Priyank Chand was the only earning member of the family consisting of his widowed mother, wife and the sons, who are the claimants and that the deceased was earning Rs.12,692/- per month and that he was self-employed. The owner and driver of the Indica car were arrayed as Opposite Party Nos.1 and 2. They did not file any written statement and the case proceeded exparte against them. The Opposite Party No.3 is the United India Insurance Co. Ltd., i.e., the present appellant. The Opposite Party Nos.4 & 5 are the owner and driver, respectively, of the truck bearing No.AMB-0551 and the Opposite Party No.6 is New India Assurance Co. Ltd., i.e., the insurance company of the truck bearing No.AMB- 0551. It appears that the driver of the truck, Opposite Party No.5, had expired during the proceedings. The Opposite Party Nos.3, 4 & 6 had contested the case by filing their respective written statement(s).