UNITED INDIA INSURANCE CO. LTD. Vs. ANJALI KALITA

JUDGEMENT

(1.) Heard Mrs. R.D. Mozumdar, learned counsel appearing for the appellant as well as Mr. R. Dey, learned counsel appearing for the respondents.

(2.) This is an appeal under Section 173 of the MV Act, 1988, against the judgment and award dated 18.06.2011, passed by the learned Member, M.A.C. Tribunal, Kamrup (M), Guwahati in MAC Case No. 45/2008.

(3.) The brief facts of the case is that on 15.01.2008, one Hitesh Kalita was proceeding from Guwahati to Nalbari driving a motorcycle bearing registration No. AS-01/T-0276 which met with an accident at Dadara. He sustained grievous injuries and died on the same day. Both the parents of the deceased, namely, Smt. Anjali Kalita and Sri Hari Chandra Kalita filed an claim petition under Section 163A of the Motor Vehicles Act (MVA for short), praying for compensation of Rs.6 lakhs along with interest @ 9% from the date of the filing of the claim petition till award. The owner of the vehicle was the brother of the deceased, namely, Sri Jitu Kalita. At the time of the accident, the said motorcycle was covered by valid package policy insurance. The appellant contested the case by filing their written statement as well as additional written statement. Upon the pleadings of the parties the following issues have framed in the case: