ORIENTAL INSURANCE CO LTD Vs. KAJOR RONGPI AND ORS
HIGH COURT OF GAUHATI
ORIENTAL INSURANCE CO LTD
Kajor Rongpi And Ors
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Rumi Kumari Phukan, J. -
(1.) Heard Mr. S. Dutta, learned counsel for the appellants/claimants, and Mr. M.H. Choudhury, learned counsel for the respondent no. 3.
(2.) This appeal is directed against the award so passed in MAC Case No. 975/2006, whereby the learned Tribunal by its order dated 05.10.2012, has awarded an amount of Rs. 2, 08,600/- to the claimants/respondents as compensation for the death of her son.
(3.) Brief facts of the case is that on 20.02.2005 at about 2.30 am at Diphu Manja Road near Forest West Division Recreation Park, Late Dhanshing Killing, son of the claimant met with an accident due to rash and negligent driving of the truck bearing registration No. AR-01-3801 and the vehicle run over the deceased as a result of which, the deceased died on the same day. At the time of his death, the age of the deceased was 20 years and he was serving in a brick industry and stated to have earned Rs. 5000/- per month. The claimant being the mother of the deceased preferred the claim petitioner claiming Rs. 5,00,000/- as compensation. The said claim petition was registered as MAC Case No. 975/2006 and necessary notice was issued to the concerned parties. The owner and driver of the vehicle did not contest the case nor filed any written statement. So the case preceded ex-parte against them. Insurance Company however, contested the case by filing written statement (along with additional written statement subsequently) against all the claimants, denying all the allegation and with a submission that claimants has to prove their case in a strict manner and their liability subject to proof of valid documents and compliance of the insurance policy etc. In the additional written statement, it was raised that the deceased was gratuitous passenger in the said vehicle so he was not entitled to get any compensation and the Insurance Company is not liable to indemnify such claim.;
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