BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. ESTHER LALROSANGKIMI VARTE
LAWS(GAU)-2018-10-143
HIGH COURT OF GAUHATI
Decided on October 30,2018

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Appellant
VERSUS
Esther Lalrosangkimi Varte Respondents

JUDGEMENT

NELSON SAILO,J. - (1.) Heard Mr. Roshan Subedi, the learned counsel for the appellant and also Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi for the respondent Nos. 1 and 2. None appears for the respondent Nos. 3 and 4 despite notice.
(2.) For the sake of convenience, both the appeal as well as the interlocutory applications are taken up together for disposal. The mother of the respondent Nos. 1 and 2, Smt. Nuhliri Varte, aged about 47 years met with a motor vehicular accident on 04.12.2015. One 407 truck bearing registration No. MZ01-G-7443, which was proceeding towards Durtlang from Bawngkawn could not climb the steep hill and therefore, moved backwards. As a result, the truck hit the two wheelers which were behind it and the mother of the respondent Nos. 1 and 2, who was a pillion rider of one of the motor bikes bearing registration No. MZ01-D-2564 sustained injuries. She was then immediately evacuated to Durtlang hospital and was admitted to the Intensive Care Unit of the hospital. However, she succumbed to her injuries on 07.12.2015. Following the accident, an FIR was submitted at Bawngkawn Police Station, wherein Bawngkawn P.S Case No. 304/2015 dated 08.12.2015 under Sections 304-A/279/427 read with Section 185 of the Motor Vehicles Act, 1988 (MV Act) was registered. Following the registration of a Police case, an enquiry was made. After the conclusion of the enquiry, a charge sheet was submitted. The enquiry revealed that the cause of the accident was due to rash and negligent driving on the part of the driver of the truck. The deceased was a Hindi teacher working in Little Flowers School, Khawzawl and she was earning a monthly salary of Rs. 43,682/-. The accident vehicle was validly insured with the appellant.
(3.) As a result of the accident, the respondent Nos. 1 and 2 filed a claim application under Section 166 of the MV Act before the Motor Accident Claims Tribunal at Aizawl (the Tribunal). The claim was registered as MACT Case No. 1/2016 by the Tribunal and notice was issued to the opposite parties i.e., the owner of the accident vehicle, the driver and the insurer, who is the appellant herein. On receipt of the notice, the appellant appeared before the Tribunal but did not file written statement. As for the owner and the driver of the accident vehicle, who are arrayed as respondent Nos. 3 and 4 in the present appeal filed their written statement.;


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