UNITED INDIA INSURANCE CO. LTD Vs. JURIE PHUKAN

JUDGEMENT

(1.) This is an appeal preferred under section 173, Motor Vehicles Act, 1988, (hereinafter referred as the Act), as amended, against the judgment and award dated 01.10.2013 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No.88/2009. By the judgment and award dated 01.10.2013, the learned Tribunal has awarded an amount of Rs. 3,93,380 (Rupees three lakhs ninety-three thousand three hundred and eighty only) along with interest @ 6% per annum from the date of filing of the claim application i.e. 29.06.2009 till realization of the entire amount. The insurer has been directed to pay the said compensation along with interest to the claimants by directing it to deposit the awarded amount with interest thereon in the Claims Tribunal.

(2.) The facts, in brief, leading to the institution of the claim application are that on 20.4.2009, at about 11-00 a.m., while the deceased, Sanjib Phukan was proceeding from Golaghat towards his house at Bhelowguri by driving a motorcycle bearing registration No. AS-05-B/7436, he dashed the motorcycle against a light post in order to avoid a cow which appeared suddenly in front of him. As a result, he sustained serious injuries and died instantaneously on the spot. At the time of his death, the deceased left behind his wife and 2 minor sons. The motorcycle bearing registration No. AS-05-B/7436 belonged to one Sri Rajib Phukan and at the relevant time, the said motorcycle was covered by a policy of Insurance No.130404/ 31/ 08/ 01/ 00001454.

(3.) Subsequent to his death, the dependents of the deceased i.e. the wife and 2(two) minor sons as claimants, had preferred an application under section 163A of the Act before the Motor Accident Claims Tribunal at Golaghat, seeking compensation of an amount of Rs. 20,00,000/- (Rupees twenty lakhs only) in total for the death of their husband and father respectively. The said claim application was registered and numbered as MAC Case No.88/2009. In the said MAC Case No.88/2009, the owner of the motorcycle was impleaded as the opposite party No.1 and the insurer of the motorcycle was impleaded as opposite party No.2.