BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD Vs. KAMINI DEVI

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel appearing for the appellant/ Bajaj Allianz General Insurance Co. Ltd as well as Mr. B.D. Goswami, learned counsel appearing for the respondent no. 1/claimant and Mr. R.K. Bhatra, learned counsel appearing for the respondent no. 4/ National Insurance Company Limited.

(2.) This appeal has been preferred by the appellant Bajaj Allianz General Insurance Co. Ltd, insurer of the vehicle AS01T/3595 (Indigo Car) challenging the judgment and order dtd. 23/12/2010 passed by the learned Member, MACT Nalbari in MAC Case No. 285/2006.

(3.) The brief facts of the case is that on 16/7/2006, the son of the claimant Biren Kumar Sarma was travelling in a vehicle AS01T/3595 (Indigo Car) from Guwahati to Sivasagar along with staff of newspaper (Natun Somoy) and when they reached near Jorhat at about 5.30 A.M. another vehicle bearing no. AS-23D/6371 (truck) coming from opposite directions in a rash and negligent manner knocked down the vehicle bearing no. AS01T/3595. As a result, the driver of the vehicle (Indigo Car) and son of the claimant Biren Kumar Sarma died on the spot. After the accident, one case was registered vide Jorhat P.S. Case No. 381/06 under Sec. 279/338/304A/427 IPC. At the relevant time of accident both the vehicles were duly insured.