NEW INDIA ASSURANCE COLTD Vs. PURNA HAZARIKA

JUDGEMENT

(1.) These appeals by the insurance company are directed against the judgments and awards passed by the learned Member, MACT, Sibsagar in the motor accident cases registered on the basis of the applications filed by various claimants under Section 166 of the MV Act, 1988 (in short, the Act) for the death of the passengers in a motor accident occurred on 11-11-1994 involving the motor vehicle bearing registration No. AS-06/7626(Bus) belonging to the respondent No. 3 Sri Ajit Chandra Hazarika, covered by a policy of insurance issued by the appellant insurance company. The case of the claimants in the claim applications is that on 11-11-1994 at about 7.30 a.m. while the deceased passengers were travelling in the said vehicle from Sivasagar to Dibrugarh it met with an accident as the bus fell into a roadside ditch and plunged into the water, as a result of which the passengers drowned and died. The claimants filed the claim applications claiming different amounts as compensation under the provisions of the Act.

(2.) Upon receipt of the notices, written statements have been filed by the owner of the vehicle as well as by the insurance company. The owner of the vehicle in the written statement admitted the accident as well as the death of those passengers, in respect of whom claim petitions have been filed, however, contending that since the appellant insurance company has issued a policy of insurance, any compensation found to be awardable for the death of such passengers is to be reimbursed by the appellant Insurance company. In the written statement filed by the appellant insurance company, it has been pleaded that (i) there is violation of the terms and conditions of the policy as the driver did not possess a valid driving licence, (ii) the bus was not plying in the permitted route and (in) there was overloading of passengers exceeding the stipulated limit. The insurance company has not disputed either the accident or the death of those passengers in such accident and also the policy of insurance issued by it.

(3.) The claimants in support of their respective claim petitions examined witnesses and exhibited the relevant documents, who have been duly cross-examined by the insurance company. While the owner of the vehicle did not examine any witness; the insurance company has examined 4 witnesses namely Mrs. Rumena Begum, Bench Assistant in the Court of the SDJM, Sivasagar through whom the certified copy of the first information report filed in Demow PS and the certified copy of the seizure list as Exts. A and B have been proved; Sri Shambhu Prasad Patnaike, Branch Manager of the appellant insurance company at the Dibrugarh Branch, who proved the policy of insurance as Ext. C. Sri Satya Bhuson Sarkar, a private investigator appointed by the appellant insurance company to investigate the accident, who proved the photocopy of the driving licence as Ext. D and the reports of the DTO, Mon as Exts. E and F; and Sri Ghana Kanta Neog, prosecuting inspector in the Court of the learned CJM, Sivasagar, who proved the seizure list (Ext. B) and the Road Permit issued in respect of the said vehicle involved in the accident as Ex. H.