OIL INDIA LTD Vs. NEIL ROSE

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act, 1988, (hereafter referred to as the Act) puts to challenge the award dated 15.10.2004 passed by the Motor Acci- ident Claims Tribunal, Kanmrp, (hereafter referred to as the Tribunal) in MAC case No. 809/1995 saddling the appellant with the liability of paying an amount of Rs. 2,00,0007- as compensation for accidental death of Smt. Julima Rose involing a bus bearing registration No. ASO 1C 0342.

(2.) I have heard Mr. SN Sharma, learned Sr. Counsel assisted by Mr. AN Choudhury, Advocate for the appellant and Mr. M. Bhuyan, Advocate for the respondent No. 1 / claimant.

(3.) First the introductory facts. A claim application was filed by the respondent No. I/claimant before the learned Tribunal claiming compensation to the tune ofRs. 20,00,0007 - for the death of his wife Smt. Julima Rose caused due to a vehicular accident involving the Mini Bus bearing No. AS-01C, 0342 owned by the respondent No. 2 but contracted by the appellant for its use. It was stated therein that on the date of the accident i.e. 15.6.95 at about 8 AM, the deceased was traveling in the aforementioned bus from OIL Housing Colony to her office at Tata Tea Limited at Beltola. On the way the vehicle met with an accident due to the rash and negligent driving thereof and overturned. The deceased in the accident came under the bus and suffered serious injuries to which she ultimately succumbed on her way to the hospital.