NEW INDIA ASSURANCE COMPANY LTD. Vs. SANGEETA GOGOI

JUDGEMENT

(1.) This statutory appeal under Section 173 of the Motor Vehicles Act, 1988, as amended, (the Act, in short) is preferred against the judgment and award dated 9.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 95/2006. By the judgment and award dated 09.10.2012, the Motor Accident Claims Tribunal, Golaghat (the Claims Tribunal, in short) had awarded an amount of Rs. 16,41,000/- as compensation along with simple interest @ 6% per annum from the date of filing of the claim application i.e. 27.04.2006 till realization of the entire amount.

(2.) The factual matrix leading to the institution of the claim application is that on 16.02.2006, at around 2-45 p.m., the vehicle bearing registration No. AS-02/A-0477 (bus) was coming from Nagaon side to Jorhat side on the National Highway No. 37 with passengers on board. While so proceeding, it knocked down a two wheeler vehicle bearing registration No. AS- 05/6371 (LML Vespa Scooter) at a place on the National Highway No. 37 near Rangamati Tea Estate Factory. The accident had occurred when the two vehicles were coming from the opposite directions. As a result, the rider and the pillion-rider who were on the said scooter viz. Bishnu Pd. Gogoi and Probin Bora sustained serious injuries and the scooter was also badly damaged. Both the injured persons were immediately taken to Jorhat Civil Hospital for treatment. However, both the injured persons succumbed to their injuries at Jorhat Civil Hospital on 16.02.2006 itself. In respect of the said accident, a police case was registered at Dergaon Police Station being Dergoan Police Case No. 21/2006 under Sections 279/304A/427, Indian Penal Code, (IPC, in short) against the driver of the vehicle bearing registration No. AS-02/A-0477 (bus).

(3.) It was subsequent to the death of the deceased, Bishnu Pd. Gogoi, a claim application under Section 166 of the Act was instituted before the Claims Tribunal seeking compensation for the death of the deceased arising out of the use of motor vehicle. The two claimants in the said claim application were the wife and the mother respectively of the deceased. The claim application was registered and numbered as MAC Case No. 95/2006. The insurer, the owner and the driver of the said alleged offending vehicle bearing registration No. AS-02/A-0477 (bus) were impleaded as opposite party No. 1, opposite party No. 2 and opposite party No. 3 respectively.