Oriental Insurance Co. Ltd vs Dipankar Sarma And 3 Ors
2022 Latest Caselaw 796 Gua

                                                                     Page No.# 1/2

GAHC010193232013




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

                                Case No. : MACApp./251/2013

            ORIENTAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI
            ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7,
            REPRESENTED BY THE REGIONAL MANAGER.



            VERSUS

            DIPANKAR SARMA and 3 ORS.
            S/O SRI NAREN SARMA, R/O DAKHALA, P.S. PALASBARI, DIST.KAMRUP,
            ASSAM.

            4:NATIONAL INSURANCE CO. LTD.

            DIVISIONAL OFFICE-1
            BHANGAGARH
            G.S. ROAD
            GUWAHATI 781005
            KAMRUP
            ASSAM INSURER OF MOTOR CYCLE BEARING REGISTRATION NO. AS-01-
            U-920

Advocate for the Petitioner   : MS.M CHOUDHURY

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      JUDGMENT

Date : 07-03-2022

Heard Mr. Mr. S. Dutta, learned counsel appearing for the appellant. Also heard Mr. A.K. Jain appearing for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act against the Judgment and Award dated 03.12.2012 passed by the MACT No.2, Kamrup, in MAC Case No. 2403/2005.

3. On 09.07.2005, the claimant was a pillion rider in a motor cycle bearing Regd. No. AS-01-U-9209. Another TATA mobile vehicle bearing Regd. AS-01-Q-9700 knock down the motor cycle. As a result of the accident, the claimant sustained grievous injuries. Upon these facts a claim petition was filed before the tribunal.

4. The appellant/insurance company contested the claim by filing a written statement.

5. As many as 2(two) issues were framed by the tribunal.

6. On the basis of the pleadings of the parties, the tribunal framed 2(two) issues.

7. The claimant/respondent examined witnesses. On the basis of the evidence on record, the tribunal held that both the motor cycles bearing Regd. No. AS-01-U-9209 and the TATA mobile vehicle bearing Regd. No. AS-01-Q-9700 equally contributed to the accident.

8. In spite of the aforesaid findings of the tribunal, the appellant/insurance company was fastened with the liability to pay the entire compensation of Rs.1,69,736/-.

9. The case of the appellant is that since the tribunal held both the vehicles to be equally responsible for the accident, the respondent/insurance company should have been directed to pay 50% of Rs.1,69,736/-.

10. Upon the aforesaid facts and circumstances, this Court is of the opinion that the plea of the appellant has forced in it. The appellant/insurance company is liable to pay Rs.84,868/- being 50% of Rs.1,69,736/-.

11. The judgment and award dated 03.12.2012 passed by the MACT No.2, Kamrup, in MAC Case No. 2403/2005 stands modified. The appellant shall be liable to Rs. 84,868/- to the claimant/respondent.

12. With the aforesaid modifications, the appeal is allowed.

Send back the LCR.

JUDGE Comparing Assistant