ORIENTAL INSURANCE CO LTD Vs. CHAMPABATI RAY

JUDGEMENT

(1.) Heard Mr. S.K Goswami, learned counsel for the appellant Insurance Company. Also heard Mr. A.T Sarkar, learned counsel for the respondent Nos. 1 to 4/claimants as well as Mr. K.K Bhatta, learned counsel for the respondent No. 7, which is the Insurance Company which insured the motorcycle.

(2.) The appellant has challenged the impugned Judgment dated 30.08.2016, passed by the MACT No. 1, Kamrup, Guwahati in MAC Case No. 1446/2014, by which the appellant has been directed to pay the compensation amount of Rs. 37,76,300/- to the respondents/claimants with interest @ 6% per annum from the date of filing the claim petition till final payment.

(3.) The brief facts of the case is that the deceased, who is the owner of the motorcycle bearing registration No. AS-19/F-8284 was driving his motorcycle and carrying 2 adult pillion riders along National Highway 31 on 01.05.2014. The motorcycle had a head-on collision with a Bolero bearing registration No. AS-01/DC-8562, which was coming from the opposite direction. The driver of the motorcycle died in the accident and accordingly, a claim petition was preferred by the respondent claimants. The learned Tribunal came to a finding that the accident had occurred due to the rash and negligent driving of the driver of the Bolero and awarded the compensation amount of Rs. 37,76,300/-, along with interest @ 6% per annum, from the date of filing the claim petition till final payment.