UNITED INDIA INSURANCE CO. LTD. Vs. JUNMONI CHETRY

JUDGEMENT

(1.) Heard Mr. A.J. Saikia, the learned counsel for the appellant as well as Mr. Y.S. Mannan, the learned counsel for the claimant/respondent and Ms. M. Choudhury, the learned counsel for the respondent No. 4.

(2.) This appeal is filed against the Judgment dated 03.12.2012 by the appellant Insurance Company which was rendered by the learned Member, Motor Accident Claims Tribunal, Kamrup in MAC Case No. 1330/2005.

(3.) Brief facts of the case is that on 09.06.2005 while the husband of the claimant/respondent was driving a truck under Registration No. AS 01/P-2718 insured with the respondent No. 4 Insurance Company, another Truck bearing Registration No. AS03-B 4905 insured with the appellant Insurance Company suddenly collided with the truck driven by the husband of the respondent/claimant. The claimant/ respondent's husband was proceeding towards Guwahati from Jorhat and the collision happened as he reached Kuwaritol. As a result of the accident, the respondent/claimant's husband expired. According to the respondent/ claimant's, the deceased was about 32 years of age at the relevant time and was earning a sum of Rs. 4000/- per month with a sum of Rs. 100/- as his daily allowance. The respondent/claimant filed a claim application before the Motor Accident Claims Tribunal, Kamrup, which was registered as MAC No. 1330/2005. During the claim proceedings, the respondent claimant examined herself as the sole respondent witness. The opposite party arrayed in the claim did not adduce any evidence except cross examine the claimant/respondent. The Tribunal consequently vide the impugned Judgment dated 03.12.2012 held the appellant liable to pay a sum of Rs. 4,90,000/- as compensation to the respondent/claimant alongwith interest @ 6% per annum. The Tribunal further directed that an amount of Rs. 1,50,000/- be kept in a fixed deposit in the name of the daughter of the deceased till she attained majority and likewise, a sum of Rs. 1,00,000/- in the name of the wife of the deceased for a period of three years. The remaining balance of Rs. 1,00,000/- was directed to be paid to the mother of the deceased.