JUDGMENT :

Heard Mr. S. Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the appellant, Mr. T. Chakraborty, learned counsel for the claimant/respondent No. 1. Also heard Mr. G. Pegu, learned Government Advocate for the State of Assam.

2. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed assailing the impugned judgment and award dated 30.11.2007 passed by the learned Member, Motor Accident Claims Tribunal,(FTC), Barpeta, Assam in MAC Case No. 781 of 2005 by which the appellant has been directed to pay a compensation amount of Rs. 8,30,420/-(Eight lakhs thirty thousand four hundred twenty) only to the claimant/respondent No. 1 and to deposit within 90 days from the date of the judgment and award failing which to pay an interest at the rate of 6% per annum from the date of filing the claim petition till realisation.

3. The facts of the case is in narrow compass. On 29.03.2005, the deceased, Suresh Bariwar, husband of the claimant, at about 5:30 pm along with some other B.S.F. personnel were returning from operational duty from Barpeta Road and proceeding towards their camp at Gunakuchi, Barpeta in a vehicle bearing registration No. AS-15A/2137(TATA-407), which was requisitioned by the District Administration and provided to the BSF personnel, unfortunately, met with an accident at No. 31 NH way near B.H. College, Hatapara and as a result he sustained grievous injuries on his person and he was immediately shifted to Barpeta Civil Hospital where he has succumbed to injuries.

4. The claimant/respondent No. 1, Smti. Beena Rani filed an application under Section 166 of Motor Vehicle Act, 1988 claiming a compensation of Rs. 20,000,00/-(twenty lakhs) only for the death of her husband due to the accident caused by the vehicle bearing registration No. AS-15A/2137(TATA-407) which was registered as MAC case No. 781 of 2005 before the learned Member, Motor Accident Claims Tribunal (FTC), Barpeta. The learned Member, Motor Accident Claims Tribunal (FTC), Barpeta vide judgment and award dated 30.11.2007 decreed on contest for an amount of Rs. 8,30,420/-(Eight lakhs thirty thousand four hundred twenty) only to be paid to the claimant by the appellant, i.e., M/S United India Insurance Co. Ltd. and directed the appellant to pay the claimant within a period of 90 days from the date of the judgment and award failing which to pay an interest at the rate of 6% per annum from the date of filing the claim application.

5. The learned Senior counsel for the appellant submits that the vehicle in question was used for carrying goods which was requisitioned by the District Administration at the time of the accident under the provision of section 3 of the Assam Requisition and Control of Vehicles Act, 1968. The deceased, husband of the claimant, was a gratuitous passenger travelling in a goods carrying vehicle. The learned Member, Motor Accident Claims Tribunal, while assessing the claim for compensation has failed to appreciate the evidences on record and as such, the appellant is not at all liable for payment of compensation to the claimant. He further submits that the learned Member, Motor Accident Claims Tribunal, has not been able to discuss the basis of entitlement of compensation as the offending vehicle in question at the time of accident was requisitioned by the District Administration and provided to the BSF personnel and the deceased unauthorisedly travelled along with the goods. Therefore, the liability to pay compensation is on the State/District Administration.

6. In support of the above submission, Mr. S. Dutta, the learned Senior Counsel for the appellant relied on the judgment in the case of Oriental Insurance Co. Ltd vs. Dalin Mawlieh and Ors reported in 2008 (3) GLT 194 of the Hon’ble Gauhati High Court and the case of National Insurance Company Ltd vs. Deepa Devi and Ors reported in (2008) 1 SCC 414.

7. Mr. T. Chakraborty, the learned counsel for the claimant/ respondent No. 1 submit