ORIENTAL INSURANCE COMPANY LTD Vs. HUNMANI DEWGHORIA

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned counsel for the appellant/Insurance Company. Also heard Mr. R. Dev, learned counsel for the respondent Nos. 1, 2 and 5. No one appears for the respondent Nos. 3 and 4, though the Order dated 08.05.2019 states that service of notice upon the respondent Nos. 3 and 4 are complete.

(2.) The appellant has prayed for setting aside the impugned judgment dated 05.03.2018 passed by the learned Member, MACT, Sivasagar, in MAC Case No. 03/2013, by which the appellant has been directed to pay compensation of Rs. 9,16,800/- along with interest @ 7.5 % p.a. from the date of filing the claim petition i.e. 07.01.2013, till final payment.

(3.) The brief facts of the case is that the husband of the respondent No. 1, father of the respondent No. 2 and the son of the respondent No. 5, died in a motor accident involving a Tata Specio driven by the respondent No. 4, when the vehicle hit a tree. The claimant made a claim under Section 166 of the M.V. Act, 1988 stating that the deceased was a handyman working for the owner of the Tata Specio. The owner of the Tata Specio also admitted that the Tata Specio had met with an accident in which the deceased died.