The liability of the driver and owner of a vehicle to pay compensation under the Motor Vehicle Act is established based on the violation of permit conditions and the relevant legal provisions.

Rumi Kumari Phukan, J.

Heard learned counsel for the appellant Mr. A K Gupta. Also heard Mr. S Dutta, learned senior counsel for the respondent No. 3/Insurance Company as well as Mr. I A Talukdar, learned counsel for the respondent No. 1 & 2/owner and driver of the vehicle.

2. The appeal has been preferred against the judgment dated 30.05.2015 passed by learned Member -1, MACT, Tinsukia in MACT Case No. 32/2011.

3. Briefly stated the case of the claimant is that on 6.9.2010 at about 12:45 P.M on National Highway No. 38 near No. 1 Borbil under Digboi PS, Anima Baruah (since deceased) boarded into the Auto rickshaw bearing Registration No. AS-3-AC-3943 to go her residence. On the way the vehicle met with an accident due to rash and negligent driving by its driver namely Binay Borgohain/OP No. 2, as a result of which, she sustained grievous injury on her person. Although, she was taken to hospital for treatment but she succumbed to her injuries on 19.09.2010 in the hospital. The deceased left behind her husband, two unmarried daughters and a son. A police case was also registered at Digboi PS Case No. 302/2010 u/s 279/337/338/304-A/427 of the IPC against the driver of the said vehicle and case ended at charge-sheet.

4. Three claimants preferred an application u/s 166 of the Motor Vehicle Act praying for compensation on account of death of the wife/mother of the claimants. In the claim petition, it is stated that deceased was 58 years of age at the time of accident and she was a teacher at Kalibari School at Digboi, which is a Government run school. Her salary was stated to be Rs. 22,864/-.

5. On the basis of the aforesaid claim, the Tribunal issued notice to the driver, owner and the insurer of the aforesaid Auto rickshaw and in turn, all of them contested the case by filing their written statement.

6. The owner and the driver/OP No. 1 & OP No. 2 in their joint written statement admitted the accident but denied their fault towards the same. It is stated in the written statement that the driver had a valid driving licence and the vehicle was duly insured with the Insurance Company/OP No. 3 and as such they are not liable to pay any compensation and compensation, if any is to be indemnify by the Insurance Company. The OP No. 3/Insurance Company in their written statement stated that the liability to the insurer is restricted to the proof of having proper valid documents like driving licence, insurance policy and permit etc and they are not liable to pay any compensation for violation of any condition of the policy and permit etc. It was specifically pleaded that liability of the Insurance Company u/s 147 and 149 of the Act is limited subject to fulfillment of above condition.

7. Upon the pleadings, the learned Tribunal framed following issues.

(i) Whether a motor vehicle accident took place on 06.09.2010 on N.H No. 38 near No. 1 Borbil under Digboi PS involving the vehicle bearing Registration No. AS-23-AC-3943 (Ape auto rickshaw)?

(ii) Whether the deceased died in the accident ?

(iii) Whether the claimants are entitled to compensation? If so to what extent and from whom ?

8. In course of the proceeding, the claimants as well as the Insurance Company adduced evidence in support of their respective claim. By adducing the evidence, the claimants and other witness they have categorically testified that due to the fault of driver the vehicle met with an accident for rash and negligent driving and subsequently she succumbed to her injuries. Several documents were also exhibited by the claimants side like Form No. 54 and medical prescription, salary certificate etc. From the oral and documentary evidence that was produced by the claimants side, the Tribunal come to a findings that due to fault of the said driver the accident took place, and taking into account the monthly income of the deceased as well as age etc, Tribunal assessed the dependency by using appropriate multiplier and after deduction of 1/3rd income etc., the Tribunal held t