ORIENTAL INSURANCE CO LTD Vs. RWIMWNTHI BASUMATARY

JUDGEMENT

(1.) Heard the submission of learned counsel for appellant Mr. S Dutta and learned counsel for the Respondents Mr. I A Talukdar & Mr. M U Mahmud, learned counsel for the owner/respondent.

(2.) This claim petition was preferred by Mrs. Rwimwnthi Basumatary, claiming compensation u/s 166 of M.V Act for the death of her son Kamal Basumatary in the motor vehicle accident on 30.6.2005.

(3.) The case of the claimant in brief is that on 30.6.2005, the deceased Kamal Basumatary who was a handyman in the vehicle No. As-01/A-9088 (truck) proceeding towards at about 12.30 P.M, the said vehicle met with an accident at Chandpur on the road due to rash and negligent driving of the vehicle by the driver. The injured Kamal Basumatary was immediately admitted to RNB Civil Hospital, Kokrajhar for his treatment but he succumbed to his injuries there. He was aged about 21 years old and was earning Rs. 3,000/- per month as handyman. It is further stated that the offending vehicle No. AS-01/A-9088 (Truck) was duly insured with Insurance Policy by The Oriental Insurance Co. Ltd. and on the date of accident the vehicle was under coverage of Insurance Policy.