1. This motor accident claim case has arisen out of an application ...

2
husband died on the spot. For the accident, Boginadi PS Case No.18/2008
u/s 279/ 304(A) IPC was registered. Hence, the claim.
3. OP No.1, the Branch Manager/ Divisional Manager of
Bajaj Allianz General Insurance Company Ltd. and the OP No.2, the
General Manager of the said Company being the insurer of the vehicle
bearing registration No.AS.07.C/0119 (Winger) contested the case by filing
joint written statement, wherein they denied the statements made in the
Claim application relating to the manner in which the accident took place,
and also stated that the claim for the death of a owner / driver of a vehicle
under P.A. coverage can not be settled in the Motor Accident Claims
Tribunal and the nominee or legal heir of the deceased is to apply directly to
the Insurance Company in the proper format for settlement of the claim. It
is also submitted that the claim of the claimant is excessive and baseless.
Under the premises, the OPs pray for exempting them from the liability of
making payment of any amount as compensation.
4. Upon the pleadings of the parties, the following issues
were framed for just decision of the case :
1) Whether the accident took place due to rash and negligent driving of the
vehicle bearing registration No.AS.07.C/0119 (Winger) causing death to
Pradip Baruah
2) Whether the claimant is entitled to get any compensation as prayed for
3) What other relief / reliefs the parties are entitled to
5. In order to substantiate the claim, Two witnesses
including the Claimant have submitted their evidence on affidavit and they
were cross examined on behalf of the OPs. No witness was adduced from
the side of the Opposite Parties. The claimant also exhibited the Accident
Information Report in Form 54 as Ext.1, the certified copy of the
Chaoldhowaghat Police Out Post GD Entry as Ext.2 and the certified copy
of the Post Mortem Report of the deceased as Ext.3.
6. I have heard argument of the learned advocates for the
claimant and the Opposite Parties, Insurance Company, and also perused the
evidence on record.