NATIONAL INSURANCE CO. LTD. Vs. REKHA MONI SHARMA

JUDGEMENT

(1.) The instant appeal, preferred under Section 173, Motor Vehicles Act, 1988, as amended (the Act, in short), is against the judgment and award dated 28.09.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal, in short), Tinsukia in MAC Case No 107/2010. By the judgment and award dated 28.09.2012, the Claims Tribunal had awarded an amount of Rs. 12,59,798/- as compensation along with interest @4% per annum. It was ordered that interest would be accounted from the date of passing of the judgment.

(2.) The facts leading to the institution of MAC Case No. 107/2010 are that on 17.04.2010, at about 1.30 p.m., the deceased, Deep Jyoti Sharma along with 3 (three) others were proceeding from Tinsukia to Guwahati by a vehicle bearing registration No. AS-23/F-5555 (Swift Dzire). When the Swift Dzire was on its way, it had a collision with another vehicle bearing registration No. WB-23/9029 (Truck), which was coming from the opposite direction. It was alleged that the said truck was driven at a very high speed in a rash and negligent manner and it directly knocked down the other vehicle (Swift Dzire) from the front side. As a result of the said accident, while all the other occupants of the car sustained injuries, Deepjyoti Sarma died instantaneously on the spot. The other occupants were taken to Jorhat Medical College and Hospital, Jorhat for medical treatment along with the deceased. In connection with the said accident, Jorhat Police Station registered a case being Jorhat Police Station Case No. 220/2010 under sections 279/338/304A, Indian Penal Code (IPC, in short) against the driver of the truck viz. Phukan Das.

(3.) In view of the death of the deceased, Deep Jyoti Sharma, the wife and the minor daughter of the deceased instituted a claim application before the Claims Tribunal under section 166 of the Act seeking an amount of Rs. 27,62,000/- as compensation for the death of the deceased in the accident arising out of the use of motor vehicles. The said application was registered and numbered as MACT No. 107/2010. The driver, the owner and the insurer of the vehicle bearing registration No. WB-23/9029 (Truck) were impleaded as opposite party Nos. 1, 2 and 3 respectively.