ORIENTAL INSURANCE CO LTD Vs. JUNU BAISHYA

JUDGEMENT

(1.) Heard Mr. S. Dutta, the learned counsel for the appellant as well as Mr. A. Gohain, the learned counsel for the respondent Nos. 1 to 3 (claimants).

(2.) This is an appeal against the Judgment and Order dated 12.03.2013 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (Guwahati) in MAC Case No. 1646/2006, whereby, the respondents claimants have been awarded a sum of Rs. 8,81,500/- alongwith interest @ 9% per annum from the date of filing the claim till realization as compensation for the death of the deceased Sh. Ajoy Kumar Baishya, who is the husband of the respondent No. 1 and the father of the respondent Nos. 2 and 3. The main ground of challenge by the appellant insurance company is that the deceased died due to hepatic failure/ liver failure after about 7 months from the date of the accident and therefore, his death is not attributable to the motor accident on the basis of which, claim for compensation was being made. It is the case of the appellant that although the post mortem report of the deceased speaks about some injuries which were ante-mortem and consistent with vehicular accident but however, the opinion or evidence of the treating Doctor was not led by the claimants to establish that the deceased died due to the motor vehicular accident. As such, the appellant contends that the Judgment and Order of the Tribunal is misconceived and erroneous. Being aggrieved thus, the appellant is before this Court.

(3.) Brief facts of the case is that on 21.05.2006, the deceased Ajoy Kumar Baishya was travelling by an Auto rickshaw from Baihata side towards Guwahati. On reaching Saraighat Bridge, one truck bearing Registration No. ML- 10/5084 coming from the opposite direction dashed against the Auto rickshaw from the front side and as a result, the deceased sustained grievous injuries on his head and a fracture on his right leg, hip joint and other parts of his body. He was taken to Sanjeebani Hospital, Maligaon and thereafter on the next day, he was shifted to Guwahati Medical College Hospital (GMCH) and was treated as indoor patient w.e.f. 22.05.2006 to 18.07.2006. As a result, the deceased filed a claim application before the Tribunal claiming compensation for the injuries sustained by him. However, he expired on 25.01.2007 and therefore his legal heirs i.e. his wife and two daughters amended the claim as a death case. Consequently, the Tribunal vide Judgment and Order dated 12.03.2013 disposed of the claim by awarding compensation to the claimants as already mentioned hereinabove.