UNITED INDIA INSURANCE CO LTD Vs. ANIL NATH AND ORS S/O NIREN NATH
HIGH COURT OF GAUHATI
UNITED INDIA INSURANCE CO LTD
Anil Nath And Ors S/O Niren Nath
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Kalyan Rai Surana, J. -
(1.) Heard Mrs. R.D. Mozumdar, the learned counsel for the appellant. None appears on call for the respondents although notices have been duly served in a substituted manner by publishing the same in one English and one Assamese daily circulating in the State. Therefore, the appeals are heard ex-parte against the respondent in both the appeals.
(2.) These two appeals under Section 173 of the MV Act, 1988, are preferred against the common judgment and award dated 16.05.2011, passed by the learned Member, M.A.C. Tribunal, Kamrup (M), Guwahati in MAC Case No. 2104/2008 and MAC Case No. 2105/2008.
(3.) The case of the respondent No. 1/claimant in both the cases is that on 08.02.2008, while the respondent No. 1(in MAC Appeal No. 167/2011)/claimant, namely, Anil Nath was riding on a motorcycle bearing registration No. AS-13-9875 as a pillion rider from Mazbat towards Batabari, the motorcycle which was being given by Amit Rava (since deceased) hit against a tree. As a result of the accident, both the rider of the motorcycle as well as the respondent No. 1 sustained grievous injury. On way to hospital, the rider of the offending vehicle had died. The appellant, who was the opposite party No. 3 in the claim petition, contested the case by filing written statement and took a plea that the rider of the motorcycle was responsible for the accident and the onus of proving the claim was put on the respondent No. 1. The respondent No. 2 who is the owner of the vehicle did not contest the case and the case had proceeded ex-parte against him. The claim case filed by the mother of the rider of the motorcycle, was numbered as MAC Case No. 2104/2008, which is the subject matter of MAC Appeal No. 167/2011. The analogous appeal in respect of the aforesaid MAC Case No. 2104/2008, is numbered as MAC Appeal No. 168/2011.;
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