MAC Case No. 914/2009 - Kamrup

insured. The insurance company filed an additional written statement and
it has been contended that at the time of accident the driver /victim had
not a valid and effective driving licence and as such the answering OP is
not liable to pay any compensation to the claimant and the claim-petition
is liable to be dismissed.
The owner of the vehicle did not contest the case and as such the
case against him proceeded ex-parte.
Upon the above pleadings of the parties, the following issues were
framed for adjudication :-
1 Whether the victim, Dimpu Mech, died out of the motor vehicle
accident involving vehicle no. AS-06/F-7851, which occurred on 29-04-
09 ?
2 Whether any relief or compensation is available to the claimants for
the death caused to their son in the aforesaid accident, if so, what
amount and from whom ?
The claimant no. 1 examined herself as PW-1 as sole witness in
support of their case and produced some documents. The contesting OP
has not examined any witness. I have heard argument of both the parties
and the issues are decided as follows :-
ISSUE NO. 1
2
The claimants have averred in the petition and also deposed by the
claimant No. 1, that on 29-04-09 while late Dilip Mech was proceeding
towards his home by riding the motorcycle bearing registration No. AS-
06/F-7851 and when he reached at Pithaguti Chariali the aforesaid
motorcycle skidded off the road due to bad condition of the road, he fell
down and sustained grievous injuries and died on the spot. In support of
the oral evidence the claimant has proved the police report being Ex-1,
the PM report Ex-2, copy of the driving licence of the deceased (proved in
original) Ex-3. Contesting opposite party has not adduced any evidence
regarding the accident. In deed the factum of death of the victim Dilip
Mech in the motor vehicle accident involving the motorcycle No. AS-06/F-