UNITED INDIA INSURANCE CO Vs. SUHAGINI PAUL

JUDGEMENT

(1.) The present civil revision came up for bearing before Hon'ble Justice Smti. M Sharma who was of the opinion that the decision of this Court reported in 1993 (I) GLJ 184 (United India Insurance Co. Ltd. Vs. KH Choudhury) is not a good law; The entire case was thereafter placed before the Full Beach.

(2.) We have beard Mr. M. Bhuyan, learned counsel for the petitioner and Mr. B.B. Narzary, learned counsel appearing for opposite party No. 1. It may be mentioned at the very outset that on tha date of bearing toe operative portion of the judgment was pronounced in the open Court and the reasons are now being placed on the record of the case.

(3.) The brief facts of the case are that the opposite party No. 1 preferred M.A.C. Case No. 58/94 before the M.A.C.T. Darrang. claiming compensation on the demise of her husband as a result of a vehicular accident on 27.3.94. At the material time, the deceased was travelling by a truck and tbe vehicle was also duly insured with the United India Insurance Company Ltd. On 23.2.95 and thereafter on 27.3.95 the Tribunal passed an order directing the Insurance Company to pay a sum of Rs. 50,000/- being the amount of compensation payable on No-fault liability (as per Section 140 of the Motor Vehicles Act, as amended by Act 54 of 1994).