ORIENTAL INSURANCE CO LTD Vs. RAM SINGH RONGFER AND 2 ORS
LAWS(GAU)-2018-7-36
HIGH COURT OF GAUHATI
Decided on July 13,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Ram Singh Rongfer And 2 Ors Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. S. Dutta, the learned senior counsel being assisted by the learned counsel Ms. M. Choudhury, for the appellant (the Oriental Insurance Co. Ltd.) (hereinafter referred to as 'the Insurance Company'). Also heard Mr. A.J. Das, learned counsel appearing for the respondent Nos.1 & 2 and Mr. R. Dev, the learned counsel appearing for the respondent No.3.
(2.) This Appeal is preferred by the Insurance Company against the judgment and award dated 27.2.2007, passed by the learned Member, Motor Accident Claims Tribunal, Hojai at Sankardev Nagar, in the MAC Case No.140/2006.
(3.) So far as the facts of the case is concerned, the aforesaid claim petition was preferred by the claimant under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the M.V. Act'), with a prayer for compensation for the death of the father/son of the claimants. On 17.10.2005, while the deceased was travelling in the vehicle No.AS-09/4743, towards Kheroni, a group of extremist stopped the vehicle, killed most of the passengers and as a result of which the deceased Kongbura Rongfer died. On the basis of the said petition, the notice was issued to the respective parties i.e. the driver, the owner and the insurer of the vehicle. All of them contested the case.;


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