NEW INDIA ASSURANCE CO LTD Vs. ABHARANI HANDIQUE

JUDGEMENT

(1.) Heard Mr. K.K. Bhatta, learned counsel for the appellant- insurer. Also heard Mr. M.B.U. Ahmed, learned counsel for respondent Nos.1 to 5 claimants, and Mr. P.P. Das, learned counsel appearing for respondent No.6, i.e. the owner of the offending vehicle.

(2.) By this application under section 173 of the Motor Vehicles Act, the appellant- insurer has challenged the judgment and award dated 15.12.2012, passed by the Learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.62/2011 corresponding to MAC Case No. 312/ 2006. By the said judgment, the appellant was directed to pay a sum of Rs.7,30,096.00 as compensation to the respondent Nos.1 to 5 with interest at the rate of 6% p.a. from the date of filing of the claim petition till realization.

(3.) In the claim petition, it was projected that on 29.11.2005, while Late Gunaram Handique was riding his motorcycle bearing Registration No. AS-04-D-6773 from Demow to Pothalibam, a truck bearing Registration No. ASQ-6921 which was proceeding from Dibrugarh to Sivasagar side and driven in a rash and negligent manner, hit the motorcycle of the victim. As a result of the injury, the victim died. Accordingly, the respondent Nos.1 to 5 had filed a claim petition seeking compensation.