M/S New India Assurance Co. Ltd vs Smti Mayna Rani Das And 2 Ors
2023 Latest Caselaw 327 Gua

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GAHC010170822017




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

                                Case No. : MACApp./126/2019

            M/S NEW INDIA ASSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87
            MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
            AT G.S. ROAD, BHANGAGARH, GUWAHATI.



            VERSUS

            SMTI MAYNA RANI DAS and 2 ORS
            W/O LATE ROHINI KANTA DAS, R/O VILL. KHELMA, PART-VI, P.S.
            KATIGORAH, DIST. CACHAR, ASSAM.

            2:MD. FARUK AHMED LASKAR

             S/O NIMAL ALI LASKAR
             R/O VILL. GOASAIPARA PAT-I
             P.S. UDHARBOND
             DIST. CHCHAR
             ASSAM.

            3:MD. MAKABIR ALI MAZUMDAR

             S/O M.A. MAZUMDAR
             R/O VILL. GOSAIPUR MADURAPUR
             P.S. UDHARBOND
             DIST. CACHAR
             ASSAM

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MR. M TALUKDAR

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

JUDGMENT AND ORDER 27.01.2023

Heard Mr. K. K. Bhatta, learned counsel representing the appellant as well as Mr. N. Uddin, learned counsel appearing for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) against the Judgment and Award dated 15.03.2016 passed by the MACT, Cachar, Silcharin MAC Case No. 17/2015.

3. On 26.11.2014, late RohiniKanta Das was travelling in a car bearing registration no. AS-11A-0434. On reaching Lalbagh, a cow appeared in front of the car. The driver applied the brakes and RohiniKanta Das was thrown out of the vehicle. He sustained grievous injuries upon his head and other parts of his body. He was immediately shifted to the hospital but he succumbed to his injury. Post mortem was conducted upon the dead body.

4. RohiniKanta Das was 58 years old and the Tribunal awarded an compensation of Rs.23,34,663/-.

5. After passing of the judgment by the Tribunal, the legal heirs of late RohiniKanta Das filed an application before the Deputy Commissioner, Cachar, Silchar seeking a next of kin certificate and in that certificate, the cause of death of late RohiniKanta Das was mentioned as paralysis.

6. A copy of the said application fell into the hands of the insurance company. Therefore, the insurance company filed a review application before the tribunal stating that the respondents of this case procured the award from the Tribunal by perpetrating fraud because RohiniKanta Das died not because of a motor accident but because of paralysis. The Tribunal did not entertain the said application on the Page No.# 3/3

ground that he did not have jurisdiction to entertain a review application.

7. I have given my anxious consideration to the submissions made by the learned counsel for both the sides.

8. The Tribunal had considered the Police Report as well as the Post Mortem Report and awarded the compensation. In the application seeking next of kin certificate the cause of death of late RohiniKanta Das has been mentioned as paralysis. This fact per se does not constitute a fraud upon the Tribunal because the Tribunal had considered the Police Report as well as the Post Mortem Report. The post mortem report states that RohiniKanta Das died because of some ante mortem injuries.

9. In my considered opinion, it is an act of carelessness while filing the application seeking next of kin certificate wherein the cause of death of late Rohini Kanta Das was mentioned as paralysis.

10. For the aforesaid premised reasons, the present appeal is found to be devoid of merit and stands dismissed accordingly.

11. Send back the LCR.

JUDGE

Comparing Assistant