ORIENTAL INSURANCE CO. LTD. Vs. SARASWATI HALOI

JUDGEMENT

(1.) Heard Ms. R. D. Mozumdar, the learned counsel for the appellant insurance company. Also heard Mr. K. K. Dey, the learned counsel for the respondent Nos. 1 and 2/ claimants.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, has been filed by the Oriental Insurance Company Limited impugning the judgment and award dtd. 17/1/2025, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 2640/2019, whereby the Motor Accident Claims Tribunal had directed the present appellant to pay the compensation amount of Rs.14,65,984.00 along with interest at the rate of 9% per annum on the awarded amount. It was further observed in Paragraph No. 53 of the impugned judgment that the insurance company is at liberty to recover the awarded amount from the owner of the offending vehicle as per law.

(3.) The facts relevant for consideration of the instant appeal, in brief, are that on 10/8/2019, when the claimant No. 1, namely, Late Gokul Haloi, was walking by the left side of the road near his house at Chanda, a traveler vehicle bearing Registration No. AS-25-AC-0672, coming at a high speed, knocked him down. As a result of the said accident, Late Gokul Haloi sustained grievous injuries on his person and later on, he succumbed to his injuries. An FIR was also lodged in connection with the aforesaid accident and on the basis of the said FIR, the Mukalmua P.S. Case No. 407/2019 was registered under Ss. 279/338/337/304A of the Indian Penal Code, 1860.