PUSPA KALITA Vs. SHAIK FARDIN

JUDGEMENT

(1.) Heard Mr. G. Jalan, learned counsel for the appellant and Mr. R. Goswami, learned counsel for respondent.

(2.) The claimant has challenged the judgment and order of the tribunal dtd. 28/1/2014 passed by the learned Member, MACT No.1, Kamrup, Guwahati in MAC Case No. 1418/2009 to exonerate the insurer of the truck to pay the awarded compensation in place of the insured i.e. owner of the vehicle. No other issue has been raised in this appeal.

(3.) The case of the claimant is that on 27/3/2009 her husband while proceeding towards Tinsukia from Guwahati in a bus bearing No. AS-01/P- 0036 and when the bus arrived near Bokakhat town on the national highway 37, a truck bearing No. WB 23 B/4592 coming from opposite direction in a rash and negligent manner knocked down the said bus as a result of which the victim sustained grievous injury on his person and ultimately succumbed to his injuries at Jorhat Civil Hospital on the same day. According to the claimant, the accident took place due to rash and negligent driving by the driver of the truck.