NEW INDIA ASSURANCE CO. LTD. Vs. ASHA DEVI

JUDGEMENT

(1.) Heard Mr. A. Acharya, the learned counsel for the appellant. Also heard Mr. A. Bhattacharyya, the learned counsel for the respondents.

(2.) This is an appeal u/s 173 of the Motor Vehicles Act, 1988 against the judgment and award dtd. 3/10/2015 passed by Additional District Judge No.2, Kamrup (Metro), in MACT Case No. 2055/2013.

(3.) The brief facts of the case is that on 17/10/2013 when a Spark car was proceeding from Nagaon towards Guwahati on the left side of the road and while reached at Nellie Over Bridge, on NH way, all of a sudden a truck bearing No. AS-01/BC-8671 coming from the opposite direction in a very high speed, came on the wrong track and knocked the aforesaid car from the front side, consequent to which one of the occupant of the car Parmananda @ Paramanada Giri died on the spot and the widowed wife and the son has instituted a claim for compensation of Rs.40.00 lacs. The claimant is of the view that the accident took place due to rash and negligent driving of the truck and accordingly claimed compensation which was registered as MAC Case No. 2055/2013. After going through the evidence on record the learned Additional District Judge No. 2/ Member MACT has passed the judgment and order dtd. 3/10/2015 and awarded compensation to the tune of Rs.20,81,813.00 to be paid to the claimant by the insurer of the offending vehicle i.e. the New India Assurance Company Limited, the appellant herein. The driver of the offending vehicle truck did not contest the case and the case proceeded ex-parte against him. However, the owner of the offending vehicle had contested the case.