NEW INDIA INSURANCE CO. LTD. Vs. SRI KANESWAR BARUA AND ORS
HIGH COURT OF GAUHATI
NEW INDIA INSURANCE CO. LTD.
Sri Kaneswar Barua And Ors
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. K.K. Bhatta, the learned counsel for the appellants as well as Mr. G.P. Bhowmik, the learned Senior counsel, assisted by Ms. M. Kalita, the learned counsel appearing for the respondents No. 1 to 5. None appears on call for the respondents No. 6 and 7 i.e. the owner and driver of the offending vehicle.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 17.02.2011, passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MAC Case No. 16/2008, by which an award of Rs. 5,59,000/- was made in favour of the respondents No. 1 to 5.
(3.) The case of the respondents No. 1 to 5 in the claim petition was that the deceased Haibha Kanta Baruah, who was the son of respondent No. 1 and 2, was coming from Makum towards Nagaon by driving a scooter bearing registration No. AS-23/8972. On 03.11.2016 at about 6.00 pm, while he reached near the staff quarters of Tengapani Tea Estate, a mini truck bearing registration No. AS-23/C-3864, which was coming from the opposite direction in a rash and negligent manner, knocked down the deceased. As a result of the accident, the deceased sustained grievous injuries and he died on spot. The owner and the driver of the vehicle i.e. the respondent No. 6 and 7 herein did not contest the claim. One Tanuram Barua, the registered owner of the scooter (OP No. 4 in the claim petition) submitted his written statement wherein, it was submitted that on 12.05.2006 by executing a sale letter, the scooter, which was being driven by the deceased was sold to the deceased. The appellant had filed their written statement and by taking usual peas of denial had put the respondents No. 1 to 5 to strict proof of their claim.;
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