ORIENTAL INSURANCE CO LTD Vs. SAHIZUDDIN @ SAHAZUDDIN AHMED AND 2 ORS
LAWS(GAU)-2018-12-58
HIGH COURT OF GAUHATI
Decided on December 13,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Sahizuddin @ Sahazuddin Ahmed And 2 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Ms. R. D. Mazumdar, learned counsel for the appellant. I have also heard Ms. R. Choudhury, learned counsel representing the respondent No.1. The respondent Nos.2 and 3 i.e. the owner and driver of the vehicle, respectively, have not appeared despite service of notice in this case.
(2.) The judgment and award dated 20.05.2013 passed in MAC Case No.57/1996 whereby the learned Member, MACT, Dhubri had awarded a sum of Rs.1,45,200/- as compensation for the loss of earning suffered by the claimant due to the motor accident has been put under challenge. The appellant is not questioning the quantum of compensation but the only ground on which the appeal is preferred is that there is no insurance policy which was ever issued by the appellant company in favour of the owner of the vehicle and therefore, there is no question of saddling the appellant with the liability under the award.
(3.) Assailing the award passed by the learned Tribunal Ms. Mazumdar has argued that not only in the written statement filed by the appellant but even the witness (DW 1) examined by the appellant had categorically stated that there is no insurance policy issued by the appellant in favour of the owner of the vehicle. Notwithstanding the same, the learned Tribunal had directed the appellant to pay the amount of compensation within a period of 90 days failing which interest would be payable on the said amount. The learned counsel submits that the impugned award is liable to be set aside on such count alone.;


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