Allowed

National Insurance Co. Ltd. v. Mamoni Das and 6 Ors.

Gauhati HC10 Dec 2021MACApp./74/2014

Case brief

AI extract

What is this about?

This appeal was allowed by the Gauhati High Court, which set aside the Motor Accident Claims Tribunal's award in a decade-old claim case. The Registry is directed to remand the matter for framing appropriate issues, evidentiary hearing, and disposal by March 2022.

What did the court decide?

The impugned judgment and award set aside; claim case remanded for fresh decision; disposal directed by March 2022.

National Insurance Co. Ltd. Vs Mamoni Das and 6 Ors. — Motor Accident Claims | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010007042014

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp./74/2014

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NATIONAL INSURANCE CO. LTD.

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REGD. OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE,G.S.ROAD, BHANGAGARH, GHY-5, HAVING ONE OF ITS DIVISIONAL OFFICE AT PAN BAZAR, GUWAHATI, KAMRUP.

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VERSUS

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MAMONI DAS and 6 ORS. W/O LAE LEKHAN DAS @ KANPIA DAS

2:KUNAI DAS

W/O LT. MONI LAL DAS

3:CHANDAN DAS

S/O LT. LEKHAN DAS @ KANPAI DAS

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4:DHARMA KANTA DAS

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S/O LT. LEKHAN DAS @ KANPAI DAS

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5:MADHUSMITA DAS

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D/O LATE LEKHAN DAS @ KANPAI DAS RESPONDENT NO.1 IS THE LEGAL REP. OF RESPONDENT NOS. 3 4

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and 5 THEY BEING MINORS ALL 1 TO 5 ABOVE ARE PERMANENT RESIDENTS OF VILL. AHATGUTI PS. NORTH LAKHIMPUR DIST. LAKHIMPUR

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Page No.# 2/4

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ASSAM PRESENTLY RESIDING AT RUPNAGAR BHANGAGARH GHY-5 DIST. KAMRUP ASSAM

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6:AMIT KR. SARMAH

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S/O BALWAN SARMAH R/O WARD NO.10 PS. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM.

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7:RAKESH AGARWAL S/O MADAN LAL AGARWAL R/O WARD NO.7 DK ROAD NORTH LAKHIMPUR TOWN PS. LAKHIMPUR DIST. LAKHIMPUR ASSA

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Advocate for the Petitioner : MR.R K BHATRA

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Advocate for the Respondent : MS.M SAIKIA

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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JUDGMENT

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Date : 10-12-2021

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Heard Mr. R. K. Bhatra, learned counsel appearing for the appellant as well as Mr. S. K. Talukdar, learned counsel representing the respondents.

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This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as

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amended) against the Judgment and Award dated 08.11.2013 passed by the MACT, Kamrup (M), Guwahati in MAC Case No. 1169/2005 (337/05).

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Page No.# 3/4

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On 17.05.2005, at about 11.20 AM, the deceased was driving a motorcycle and when he reached D.K. Road, another motorcycle, driven in a rash and negligent manner, which was coming from the opposite side hit the motorcycle of the deceased. The death of the deceased was instantaneous.

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The deceased was an employee of erstwhile Assam State Electricity Board at North Lakhimpur and he was drawing a salary of Rs.8,000/- per month. At the time of his death, he has left behind his wife, two daughters and two sons.

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A claim case for seeking compensation was filed before the concerned Claims Tribunal. The following issues were framed by the Tribunal-

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(I) Whether the alleged accident on 17.05.2005 at Chetia Gaon on DK Road near Bapuram Gogoi Store, due to rash and negligent driving of the driver of vehicle bearing no. AS-07/A-0555 (Bajaj Pulsar M/C)?

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(II) Whether late Lekhan Das, died as a result of the said

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accident?

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(III) Whether the claimant is entitled to get any compensation for the death caused to Late Lekhan Das in the said accident, if yes, what will be the just and recoverable amount of compensation?

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(IV) Who amongst the opposite parties is liable to pay the compensation to the claimants?

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The claimants/ respondents examined three witnesses. The appellant did not adduce any evidence. On the basis of the evidence on record, the Tribunal awarded a total of Rs.15,08,000/- with 6% interest per annum to be calculated from the date of filing of the claim case till full and final payment.

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There is no denial in this case that the accident took place on the middle of the road. Both the vehicles involved in the accident were running at that time. It was a head on collision. PW-2 has supported the fact in his evidence. Did the deceased contributed to the accident? If he did, what was the quantum of contribution? No issue to that effect was framed by the Tribunal.

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Motor Accident Claims Tribunals exercise judicial powers. The award which may be allowed by the Tribunal is public money. Therefore, the Tribunals are legally bound to consider all relevant facts connected to the accident and should pass an award after that. The claim case originated in the year 2005. It is an old pending case but by counting the age of the case no Court can uphold a judgement which is inherently faulty.

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Therefore, this court is of the opinion that the impugned judgment passed by the Tribunal at Guwahati requires to be interfered with. The impugned judgment and award is set aside. The claim case is remanded to the Tribunal to frame appropriate Issues and, thereafter, a fresh judgment shall be passed by the Tribunal. Both parties shall be at liberty to adduce evidence. The Tribunal shall make all efforts to dispose of the case within March, 2022.

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With the aforesaid directions, the appeal is allowed and disposed of.

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Send back the LCR immediately.

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Mamoni Das and 6 Ors.

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National Insurance Co. Ltd. v. Mamoni Das and 6 Ors.

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