1 IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS ...
1 IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS ... 1 IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS ...
2J U D G M E N T1. This Motor accident claim case has arisen out of anapplication submitted by claimant, Sri Putukon Gowala under Sec. 140/ 166of the M.V. Act, 1988, claiming compensation to the extent ofRs.12,80,000/- only, for the death of his wife, Adori Sarkar, in a road trafficaccident that took place on 20.10.2009 at about 5.30 Pm near 'PadumoniThan' on NH-52 under Boginadi Police Station.2. The case of the claimant, in brief, is that on 20.10.2009at about 5.30 Pm, while his deceased wife, Adori Sarkar alongwith hermother, Basumoti Sarkar was proceeding towards Gogamukh afterworshiping in 'Padumoni Than' by a Maruti Van bearing registrationNo.AS.07.B/ 9967, a truck bearing registration No.AS.01.R/ 0792 camefrom opposite direction driven in rash and negligent manner by its driver,and crushed the Maruti van after hitting on a big tree near 'Padumoni Than'.As a result of which, the wife of the claimant and four other occupantsincluding the driver of the Van died on the spot For the accident, BoginadiPS Case No.160/2009 u/s 279/ 338/ 304(A) IPC was registered. Hence, theclaim for compensation.3. OP No.1, the driver and OP No.2, the owner of theoffending truck bearing registration No. AS.01.R/ 0792 had not turned up tocontest the case, for which the case proceeded exparte against them. OtherOPs, namely OP No.3, the owner of the Maruti Van bearing registrationNo.AS.07.B/ 9967, OP No.4, Oriental Insurance Company Ltd. i.e., theinsurer of the truck in question and OP No.5, National Insurance Co. Ltd.,the insurer of the Maruti Van in question contested the claim of the claimantby filing individual Written Statements.4. It is pertinent to mention here that initially New IndiaAssurance Co. Ltd. was impleaded as the insurer of the Maruti Van inquestion as OP No.5, who accordingly submitted Written Statement andcross examination of the CWs was also done on behalf of the said NIA Co.Ltd., but later on, when the claimant came to know from the depositionmade by DW.2, Sri Haren Gogoi, Investigator of New India AssuranceCo.Ltd. that the vehicle bearing registration No.AS.07.B/ 9967 (Maruti
3Van) was in fact kept insured with National Insurance Co. Ltd. at the timeof accident involved in the present case, but the dealer issued the policywrongly in the letter head of New India Assurance Co. Ltd. and premiumwas infact deposited with National Insurance Co. Ltd., for which theclaimant prayed for amendment of the Claim petition, which wasaccordingly allowed and National Insurance Co. Ltd. was substituted as OPNo.5 in place of New India Assurance Ltd. vide order dtd.15.07.2011.5. The OP No.3, the owner of the truck in question deniedthe narration made in the claim application by the claimant regarding theaccident and stated that the claim of the claimant is exorbitant and withoutany basis.6. The OP No.4, OIC Ltd. the insurer of the truck inquestion, denied in their W.S. the narration of the accident and allegedinvolvement of the deceased and also rash and negligent driving on the partof the driver of the truck i.e., OP No.1 at the time of accident. To the OPNo.4, the claim of the claimant is highly excessive, arbitrary and out of allproportions and the claimants are not entitled for any amount from theanswering opposite party.7. The OP No.5, NIC Ltd. the insurer of the Maruti van inquestion, stated in their W.S. that the accident took place due to rash andnegligent driving of the truck in question by its driver, and there was nofault at all on the driver of the maruti van in question. It is also stated thatfor the accident, police registered a case against the driver of the truck inquestion u/s 279/ 338/ 304(A)/ 427 IPC, and hence prays for exoneratingthe answering opposite party from the liability of making any payment ofcompensation.8. On pleadings of the parties, the following issues wereframed :1) Whether the accident occurred due to rash and negligent driving of thedriver of the vehicle bearing registration No.AS.01.R/ 0792 (Truck) causingdeath of the deceased, Adori Sarkar ?2) Whether the claimant is entitled to get compensation as prayed for ?3) What other relief/ reliefs the parties are entitled to?
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- Page 6 and 7: 6ISSUE Nos.2 & 3.16. Both these iss
2J U D G M E N T1. This Motor accident claim case has arisen out of anapplication submitted by claimant, Sri Putukon Gowala under Sec. 140/ 166of the M.V. Act, 1988, claiming compensation to the extent ofRs.12,80,000/- only, for the death of his wife, Adori Sarkar, in a road trafficaccident that took place on 20.10.2009 at about 5.30 Pm near 'PadumoniThan' on NH-52 under Boginadi Police Station.2. The case of the claimant, in brief, is that on 20.10.2009at about 5.30 Pm, while his deceased wife, Adori Sarkar alongwith hermother, Basumoti Sarkar was proceeding towards Gogamukh afterworshiping in 'Padumoni Than' by a Maruti Van bearing registrationNo.AS.07.B/ 9967, a truck bearing registration No.AS.01.R/ 0792 camefrom opposite direction driven in rash and negligent manner by its driver,and crushed the Maruti van after hitting on a big tree near 'Padumoni Than'.As a result of which, the wife of the claimant and four other occupantsincluding the driver of the Van died on the spot For the accident, BoginadiPS Case No.160/2009 u/s 279/ 338/ 304(A) IPC was registered. Hence, theclaim for compensation.3. OP No.1, the driver and OP No.2, the owner of theoffending truck bearing registration No. AS.01.R/ 0792 had not turned up tocontest the case, for which the case proceeded exparte against them. OtherOPs, namely OP No.3, the owner of the Maruti Van bearing registrationNo.AS.07.B/ 9967, OP No.4, Oriental Insurance Company Ltd. i.e., theinsurer of the truck in question and OP No.5, National Insurance Co. Ltd.,the insurer of the Maruti Van in question contested the claim of the claimantby filing individual Written Statements.4. It is pertinent to mention here that initially New IndiaAssurance Co. Ltd. was impleaded as the insurer of the Maruti Van inquestion as OP No.5, who accordingly submitted Written Statement andcross examination of the CWs was also done on behalf of the said NIA Co.Ltd., but later on, when the claimant came to know from the depositionmade by DW.2, Sri Haren Gogoi, Investigator of New India AssuranceCo.Ltd. that the vehicle bearing registration No.AS.07.B/ 9967 (Maruti
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