ORIENTAL INSURANCE CO LTD Vs. MALATI GHOSH
LAWS(GAU)-2018-8-106
HIGH COURT OF GAUHATI
Decided on August 28,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
MALATI GHOSH Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard learned counsel for the appellant Mr. S Dutta. Also heard learned counsel for the respondents Mr. B. Kalita.
(2.) The appeal has been directed against the award passed in MAC Case No. 3194/2006, passed by the learned Member MACT, Kamrup, Guwahati.
(3.) The necessary facts that can be re-capitulated that one Smti. Malati Ghosh and her two sons preferred the application under section 163-A of MV Act, praying for compensation for the death of Jagat Jyoti Ghosh, who was the son and brother of the said claimants. So far as the facts are concerned on 06.10.2006 while said Jagat Jyoti Ghosh was driving the vehicle No. AS-01/AA-2126, carrying the security personnels in a convoy, who were the escorting the Railway Construction Officials and the said convoy was ambushed by the extremists on the way and killed 10 (ten) persons including the driver of the said vehicle Jagat Jyoti Ghosh. After the said incident, legal heirs of the deceased preferred the claim petition before the tribunal, praying for compensation for the death of the victim in the said incident for the use of the aforesaid vehicle. The learned tribunal issued usual notice to the respective respondents that is the driver, owner and insurer of the vehicle. The driver and owner however did not contest the case so the case proceeded ex-parte against the Insurance Company. The Insurance Company filed their written statement, denied their liability to pay any compensation as the accident occurred due to attack by the extremists and hence they are not liable to pay any compensation.;


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