NEW INDIA ASSURANCE CO.LTD. Vs. BULU DAS

JUDGEMENT

(1.) This appeal under section 173, Motor Vehicles Act, 1988, as amended (herein after referred to as the Act, in short) is directed against the judgment and award dated 30.6.2015 passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur (the Claims Tribunal, in short) in MACT Case No. 79/2012. By the judgment and award dated 30.06.2015, the Claims Tribunal had awarded an amount of Rs. 9,00,000/- as compensation in favour of the respondent No.1-claimant for the death caused to her son in an accident arising out of the use of motor vehicles that occurred on 19.11.2012 along with interest thereon @7.5% per annum from the date of the order till its realization.

(2.) Be it stated that 2 (two) vehicles were involved in the accident - one vehicle bearing registration No. AS-07/C-3680 (hereinafter refered to as "the Bolero Pick-up Van", for convenience) and the other bearing registration No. AS-07/E-2086 (hereinafter refereed to as "the Hero Honda Motorcycle", for convenience). The Claims Tribunal, apportioning the liability in view of the offer made by the insurer of the Bolero Pick-up Van and acceptance of the said offer by the claimant, had further ordered that the said liabilities were to be borne by the insurers of the two vehicles involved in the accident - Bajaj Allianz Insurance Company Ltd. for the Bolero Pick-up Van and New India Assurance Company Ltd. for the Hero Honda Motorcycle to the extent of Rs. 4,90,000/- and Rs. 4,10,000/- respectively. The Claims Tribunal by another order dated 30.6.2015 had further ordered that as the said offer of settlement of Rs. 4,90,000/- offered by the insurer of the Bolero Pick-up Van, Bajaj Allianz Insurance Company Ltd. was accepted by the respondent No.1-claimant, the balance amount of Rs. 4,10,000/- along with the interest would be satisfied by the insurer of the Hero Honda Motorcycle, New India Assurance Company Ltd., the appellant herein. The insurers were asked to deposit the awarded amount before the Claims Tribunal within 2 (two) months from the date of the order.

(3.) The facts leading to the institution of the claim application are that on 19.11.2012, the son of the respondent No. 1-claimant (hereinafter also referred to as the claimant and/or the respondent No. 1), Bubul Das @ Babul Das was proceeding from Harmutty side to Bandardewa side as a pillion rider of the Hero Honda Motorcycle with one Biswajit Das by the National Highway. When they were so proceeding, the Bolero Pick-up Van coming from the opposite direction, in a rash and negligent manner, dashed the Hero Honda Motorcycle at a place on the National Highway near Harmutty Forest Office. As a result of the said accident, both the rider and the pillion rider of the Hero Honda Motorcycle sustained serious injuries on their persons and both of them died instantaneously on the spot. In connection with the said accident, initially Harmutty Out Post registered General Diary Entry No. 293/2012 on 19.11.2012. Thereafter, a police case being Laluk Police Case No. 194/2012 under sections 279/304A, Indian Penal Code (IPC, in short) was registered against the driver of the Bolero Pick-up Van. The Post-Mortem Examination of the deceased, Bubul Das @ Babul Das was carried out on 20.11.2012 at North Lakhimpur Civil Hospital.