ORIENTAL INSURANCE COMPANY LTD. Vs. SRI GULLU WORRANG.

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, the learned counsel for the appellant as well as Mr. P.J. Saikia, the learned counsel for the respondent claimant.

(2.) This is an appeal against the judgment dated 27.02.2017 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup, Guwahati in MAC Case No. 3238/2008 filed by the appellant insurance company disputing their liability to pay compensation to the claimant beyond the stipulation of Section 140 of the Motor Vehicles Act, 1988 (M.V. Act).

(3.) Brief facts of the case is that on 21.11.2008, the mother of the respondent claimant was walking on the extreme left side of the road near hotel Sivam in Jakhalabandha. Suddenly a vehicle bearing No. AS-06/AC-0044 knocked her down and as a result, she sustained grievous injuries on her person and she died on the spot. The respondent claimant then filed a claim before the Tribunal under Section 166 of the M.V. Act arraying the owner and driver of the offending vehicle besides the appellant insurance company as opposite parties. The respondent claimant examined herself as the sole claimant witness while the appellant insurance company did not examine any witnesses apart from cross-examining the claimant. As for the owner and driver of the vehicle involved in the accident, they did not contest the case and the claim proceeded ex-parte against them.