Bipul Bhuyan vs Lakhi Goswami And Anr
2022 Latest Caselaw 338 Gua

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GAHC010187242014




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

                              Case No. : MACApp./264/2014

            BIPUL BHUYAN
            S/O LATE DEMBHESWAR BHUYAN, R/O CHARAIDOLONI, P.O.
            MADHABPUR, P.S. NARAYANPUR, DIST. LAHIMPUR, ASSAM, PIN 784164



            VERSUS

            LAKHI GOSWAMI and ANR
            W/O ATUL GOSWAMI, R/O HARMUTI FAKU URA, P.O. MADHABPUR, P.S.
            NARAYANPUR,D IST. LAKHIMPUR, ASSAM.

            2:THE BRANCH MANAGER

             NATIONAL INSURANCE CO. LTD.
             NORTH LAKHIMPUR BRANCH
             P.O. and P.S. NORTH LAKHIMPUR
             DIST. LAKHIMPUR
             ASSAM

Advocate for the Petitioner   : MS.F INTAZ

Advocate for the Respondent : MS.R M SAIKIA




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        JUDGMENT

Date : 02-02-2022 Page No.# 2/3

Heard Mr. K. U. Ahmed, learned counsel appearing for the appellant. None appears for the respondents on call.

2. This is an appeal under Section 173 of the Motor Vehicles Act against the Judgment and Award dated 27.06.2014 passed by the MACT, Lakhimpur at North Lakhimpur in MAC Case No. 41/2013.

3. On 04.03.2013, an unmarried person lost his life in a motor accident. His mother filed a claim petition before the Tribunal seeking compensation. The Insurance Company filed a written statement and submitted that since the connected insurance policy was a package policy, therefore, the liability of the Insurance Company is upto Rs. 2,00,000/- only.

4. Finally, the Tribunal awarded an amount of Rs. 3,40,500/- as compensation. The Tribunal directed the Insurance Company to pay Rs. 2,00,000/- and the remaining amount of Rs. 1,40,500/- was directed to be paid by the owner of the vehicle.

5. The very short question involved in this appeal is as to whether the Tribunal was right in asking the owner to pay Rs. 1,40,500/- as compensation.

6. The Hon'ble Supreme Court in National Insurance Ltd. Vs. Balakrishna & Anr. reported in 2013 (1) SCC 731 has held that comprehensive policy and the package policy are the same and therefore, the liability would be of the Insurance Company to pay the compensation.

7. This court in United India Insurance Co. Ltd. Bs. Urmila Chand & Ors reported in (2014) 6 GLR 332 has relied upon the aforesaid judgment of the Supreme Court and held that in case of a comprehensive/package policy the Insurance Company will be bound to pay compensation.

8. Now this court is of the opinion that the learned Tribunal committed error by asking the owner of the vehicle to pay Rs. 1,40,500/- out of the total Page No.# 3/3

compensation amount of Rs. 3,40,500/-. Therefore, the impugned judgment stands modified accordingly.

9. The respondent Insurance Company is directed to pay total amount of Rs. 3,40,500/- along with interest @ 7.5% per annum with effect from the date of filing of the claim application till full recovery.

10. The appeal stands allowed with the aforesaid modification.

11. The statutory deposit shall be returned.

12. Send back the LCR.

JUDGE

Comparing Assistant