NEW INDIA ASSURANCE COMPANY LTD Vs. URASI PAYENG AND ANR
HIGH COURT OF GAUHATI
NEW INDIA ASSURANCE COMPANY LTD
Urasi Payeng And Anr
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Kalyan Rai Surana, J. -
(1.) Heard Mr. R. Goswami, the learned counsel for the appellant as well as Mr. K. Bhattacharjee, the learned counsel appearing for the respondent No.1/ Claimant and Mr. R. Baruah, the learned counsel appearing for respondent No.2 i.e. owner -cum- driver of the offending vehicle.
(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 29.08.2015 passed by the learned Member, Motor Accident Claims Tribunal, Jorhat in MAC Case No. 41/2008.
(3.) The respondent No.1 had lost her husband in a motor accident which took place at about 8:00 AM on 10.12.2007 at Bengena Ati PWD Road under Majuli P.S. in the district of Jorhat. While the deceased was on way from Kamlabari to his residence on his bicycle, the offending bus bearing registration No. AS-07-A-6858 came at a high speed, being driven in a rash and negligent manner and hit the deceased from back side. As a result of the accident, the deceased died on spot. The deceased was an employee of Irrigation Department. The respondent No. 2, who is the owner- cum- driver of the offending vehicle, had contested the suit by his filing written statement and denied that he was driving the vehicle in a rash and negligent manner. The appellant also contested the claim. By taking usual peal of denial, they took a plea that the vehicle was not insured for liability under Motor Vehicles Act, but the respondent no. 2 had taken a policy of "Rasta Apatti Kavach" policy.;
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