ORIENTAL INSURANCE CO. LTD Vs. TARAMAI BORAH

JUDGEMENT

(1.) Heard Mr. R.C. Paul, the learned Counsel representing the Appellant Insurance Company as well as Ms. R. Choudhury, the learned Counsel appearing for the Respondents.

(2.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 against the Judgment, dtd. 26/2/2016 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in M.A.C. Case No.14/2009.

(3.) On 9/9/2000 at about 12.45 p.m., late Girish Ch. Borah was travelling as a Pillion Rider in a Scooter bearing Registration No.AS-02-4459 (LML Vespa Scooter). It was riding by Sri Prasanta Kr. Baruah. It is alleged that the Scooter was riding in a rash and negligent manner. When a Cow came in front of the Scooter, the Driver in order to save the Cow, took some turns. As a result of which, the Scooter lost control and the deceased was thrown away from the Scooter. He sustained serious injuries. He was brought to Guwahati for Medical treatment. On the next day of the accident, Sri Girish Ch. Borah succumbed to his injuries.