DIPAK KUMAR JAIN Vs. RITA DAS AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 30.4.2003, passed, in MAC Case No. 401/2001, by the learned Motor Accident Claims Tribunal, Nalbari, whereby the learned Tribunal has determined that the claimant -respondent No. 1 is, entitled to receive, in all, Rs. 4,44,836 as compensation for the death of her husband, namely, Dilip Rajbongshi, in a motor vehicular accident and the present appellant as well as respondent No. 2 herein are liable to make payment of the said awarded amount in equal proportion. Aggrieved by the award, so passed, the appellant, who has been directed to share half of the amount of compensation, so awarded, has preferred this appeal.

(2.) MAC Case No. 401/2001 aforementioned arose out of an application made, under Section 166 of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), by the respondent No. l, namely, Smt. Rita Das claiming compensation for the death of her husband, Dilip Rajbongshi, her case being, in brief, thus: On 17.6.2001, her husband was driving a truck bearing registration No. ASU -4947 at the National Highway 37, and as it had been heavily raining, her husband, while passing through Golaghat, stopped and parked the vehicle on his left side of the National Highway near Borsapori Tea Estate under Bokakhat Police Station. While her husband had so kept parked the vehicle on his left side of the highway, another truck, bearing registration No. AS -25 -A -0676, which belongs to respondent No. 2 herein, came from the opposite direction and dashed against her husband's parked truck. As a result of the said collision, the claimant's husband sustained injuries and died on the spot and the handyman of the vehicle No. ASU -4947 also sustained injuries. For the death of her husband, the claimant sought for compensation of a sum of Rs. 15 lakh.

(3.) THE claim proceedings were also contested by the present appellant as owner of the vehicle No. ASU -4947, i.e., the vehicle, which the claimant's husband had kept parked and inside which vehicle the claimant's husband had died. This vehicle stood, according to the appellant herein, insured with the respondent No. 5 herein, namely, M/s. United India Assurance Co. Ltd.