Gauhati High Court
National Insurance Co. Ltd vs Mamoni Das And 6 Ors on 10 December, 2021
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GAHC010007042014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./74/2014
NATIONAL INSURANCE CO. LTD.
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.
VERSUS
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
4:DHARMA KANTA DAS
S/O LT. LEKHAN DAS @ KANPAI DAS
5:MADHUSMITA DAS
D/O LATE LEKHAN DAS @ KANPAI DAS
RESPONDENT NO.1 IS THE LEGAL REP. OF RESPONDENT NOS. 3
4
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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ASSAM
PRESENTLY RESIDING AT RUPNAGAR
BHANGAGARH
GHY-5
DIST. KAMRUP
ASSAM
6:AMIT KR. SARMAH
S/O BALWAN SARMAH
R/O WARD NO.10
PS. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
7:RAKESH AGARWAL
S/O MADAN LAL AGARWAL
R/O WARD NO.7
DK ROAD
NORTH LAKHIMPUR TOWN
PS. LAKHIMPUR
DIST. LAKHIMPUR
ASSA
Advocate for the Petitioner : MR.R K BHATRA
Advocate for the Respondent : MS.M SAIKIA
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT
Date : 10-12-2021
Heard Mr. R. K. Bhatra, learned counsel appearing for the appellant as well as
Mr. S. K. Talukdar, learned counsel representing the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as
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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3. 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.
4. 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.
5. A claim case for seeking compensation was filed before the concerned Claims
Tribunal. The following issues were framed by the Tribunal-
(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)?
(II) Whether late Lekhan Das, died as a result of the said
accident?
(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?
(IV) Who amongst the opposite parties is liable to pay the compensation
to the claimants?
6. 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.
7. 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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8. 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.
9. 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.
10. With the aforesaid directions, the appeal is allowed and disposed of.
11. Send back the LCR immediately.
JUDGE
Comparing Assistant
