ORIENTAL INSURANCE CO. LTD. Vs. SWEETY KAPOOR HUSSAIN

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned counsel representing the appellant. Also heard Mr. G. Jalan, learned counsel representing the respondents.

(2.) This is an appeal under Sec. 173 of the Motor Vehicles Act challenging the judgment and order dtd. 6/3/2020 passed by the Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati in MAC Case No.989/2017.

(3.) On 11/3/2017 at about 10.25 P.M., late Birul Hussain was coming out of the Assam Oil Petrol Pump at Bokakhat after refueling his newly purchased scooty. The said scooty was not registered nor was it insured at that time. On reaching the National Highway just in front of the Petrol Pump, the scooty driven by Birul Hussain, was hit from behind by a speeding Mahindra Bolero Pickup van bearing Registration No.AS-01-BC 5962. Birul Hussain was taken to the hospital immediately but he died on the way to the hospital.