RELIANCE GENERAL INSURANCE CO. LTD. Vs. REGINA MAWI

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for the respondent Nos.1-4.

(2.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 against the Judgment and Award dtd. 27/4/2018 passed by the learned Member, MACT, No.2, Kamrup (M), in MAC Case No.541/2009 filed under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) Brief facts of the case is that the deceased victim who was the husband of the claimant No.1 died in a Motor accident on 8/3/2009 while he was walking from Ganeshguri towards Paltanbazar Railway Station, when he reach near Foodex Restaurant at Christian Basti, a vehicle bearing Registration No.AS-01-M- 8014 (Maruti Van) knocked him down. As a result of the accident the deceased victim sustained severe injuries and succumbed to his injuries at GNRC hospital. The deceased was said to be about 28 years of age and was a Jr. boxing instructor. The claimants being the wife, mother and children of the deceased filed the claim application under Sec. 166 MV Act, notice was issued to the O.P. No. 1, Reliance General Insurance Company Ltd. and O.P. No.2, the owner of the vehicle (Maruti Van), O.P. No.3, driver of the offending vehicle. The Insurance Company/O.P. No.1 contested the case by filing their written statement, denied the whole fact of the accident and the involvement of the alleged accident vehicle. They further denied that there was any rash or negligent driving on the part of the driver and also denied that the driver of the alleged accident vehicle had a valid driving license. The Insurance Company/O.P. No.1 admitted that at the time of the accident, the alleged accident vehicle bearing Registration No.AS-01-M-8014 (Maruti Van) was duly insured with a valid Policy No.1505782311002263. The owner of the vehicle/O.P.No.2 also denied the whole facts of the case but stated that at the time of the accident, the vehicle (Maruti Van) was duly insured with Policy No.1505782311002263, which was valid upto 11/5/2009 and therefore it was the Insurance Company who are liable to pay any compensation to the claimants. None had appeared on behalf of the O.P. No.3 the driver of the offending vehicle and the case proceeded ex-parte against him.