MANOJ KUMAR JAIN Vs. PAYARI DEVI

JUDGEMENT

(1.) Heard Mr. B. K. Jain, learned counsel for the appellant. Also heard Mr. K. K. Bhatta, learned counsel for the respondents.

(2.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and award dtd. 13/2/2017, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati, in MAC Case No. 2122/2012.

(3.) In brief, the case of the appellant is that the respondent Nos. 1 to 5, as claimants, had filed a claim petition under Sec. 166 of the Motor Vehicles Act, which was registered as MAC Case No. 2122/2012, before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati, wherein the present appellant/owner cum driver of offending vehicle was made as opposite party No. 1 and the present respondent No. 6/insurer as opposite party No. 2 for grant of compensation on account of death of Late Karan Singh in the motor vehicle accident which took place on 27/10/2012 near Dharapur Petrol Pump on NH-37. It is alleged that the accident took place due to rush and negligent driving of the offending vehicle which dashed against the motor cycle of the deceased bearing Registration No. AS-01/MA 2789. Accordingly, the present appellant/owner cum driver and the insurer/respondent No. 6 also appeared in the said case on receipt of the notice and contested the same by filing their Written Statements.