HDFC ERGO GENERAL INSURANCE CO. LTD. Vs. ANOWARA BEGUM

JUDGEMENT

(1.) Heard learned counsel, Mr. R. Goswami for the appellant/Insurer. Also heard learned counsel Mr. M. Khan for respondent Nos.1 & 2/claimants, and learned counselMr. S. K. Poddar for respondent No. 3(owner).

(2.) The MAC appeal No.385/2016 and CO No. 6/2024 are decided through this common judgment as both the analogous cases arise out of the same cause of action. The claimants in this case are M. Anowara Begum and M. Asma Khatun, whereas the respondents in this case are HDFC ERGO General Insurance Company Ltd., insurer of vehicle No. AS19B/0245 of Tata Indica make and the owner of the vehicle is Smt. Anita Sarkar, arrayed as opposite party No. 2 in MAC case No.48/2009.

(3.) In this case, the appellants and the respondents will be referred to as the claimants, the insurance company or the insurer and the owner of the vehicle respectively. The claimant's case in brief is that on 14/9/2008, while Kabed Ali, driver of Smt. Anita Sarkar, parked the vehicle bearing registration No. AS19B/0245 of Tata Indica make in the taxi stand at Bongaigaon and was waiting for passengers to hire the vehicle, at about 6 p.m., two unknown miscreants hired the vehicle from Kabed Ali to proceed towards their destination. The vehicle was proceeding from Bongaigaon towards Abhayapuri, but the vehicle disappeared. However, on 15/9/2008, at about 6 a.m., the body of Kabed Ali was found near a coconut plantation at village, Batabari under Abhayapuri P.S. An FIR was lodged by one, Ishwar Chandra, Assistant Director of the coconut farm on 15/9/2008 with the police at Abhayapuri P.S. and an Abhayapuri P.S. case No.236/2008 under Sec. 302/201/379 of the IPC was registered. Kabed Ali, hereinafter, also referred to as the deceased was 20 years old at the time of the incident. The claimants prayed for a compensation of Rs.5.00 lacs on account of the death of the deceased.