ORIENTAL INSURANCE CO LTD Vs. SUDHA PUJARI

JUDGEMENT

(1.) The brief facts of the case are that on 06.04.2005, the deceased Ratan Pujari, while returning from Dimow to his house, Silapathar by a Motor Cycle bearing registration No. AS-22/6153 fell down from the wooden bridge of Jalakiasuti and he died on the spot. It was purely an accident as the bridge was under construction. An unnatural death case was registered vide Silapathar UD Case No. 9 of 2005. The appellant No. 1, being the legal wife and the appellant Nos. 2 & 3, being the sons of the deceased, filed a claim petition claiming compensation of Rs.10,00,000/- (Rupees ten lakhs) only before the Motor Accident Claims Tribunal ('Tribunal' in short), Dhemaji under Sections 160 and 140 of the Motor Vehicles Act, 1988. It was pleaded that the accident was not due to negligent driving of the motor cycle by the deceased but it was purely an accident as the bridge was under construction.

(2.) The appellant as opposite party No. 2 filed written statement before the learned Tribunal denying liability to pay any compensation unless and until it is proved that the person at the wheel was having valid and effective driving licence to drive such vehicle and the vehicle was roadworthy to ply having all valid documents as required under the M. V. Act. There is no cause of action as against the insurer as no extra premium is paid by the owner of the motor cycle.

(3.) The owner of the motor cycle also filed written statement pleading that the motor cycle was under insurance coverage at the relevant time and the driver (deceased Ratan Pujari) had a valid driving licence. On the pleadings of the parties, the following issues were framed:-