JUDGMENT :

Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. C. Sharma, learned counsel for the appellant. Also heard Mr. B. C. Das, learned Senior Counsel assisted by Mr. P. C. Dey, learned counsel for the respondent No. 7 and Mr. D. K. Kalita, learned counsel for the respondent Nos. 1 to 6.

2. This is an appeal under Section 173 of the Motor Vehicle Act, 1988, against the judgment and order dated 20.01.2015, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, in MAC Case No. 859/2013.

3. The brief facts leading to this appeal is that on 23.01.2013, at about 6.10 a.m., at Tarabasa, Smti Lakhimai Teronpi (claimant) and her husband-Lt. Lakhan Singh Phangso was going from Bhaloghat towards their residence by a vehicle, bearing Registration No. AS-02A-3936 (Tata Indica), and when they reached Tarabasa, due to rash and negligent driving, the vehicle met with an accident and the vehicle dashed against a tree, on which the claimant-Lakhimai Teronpi sustained grievous injury on her person and her husband died on the spot. Accordingly, the claimant, along with her children and mother-in-law, filed the claim petition for compensation for the death of the deceased- Lakhan Singh Phangso.

4. The Insurance Company, accordingly, appeared and contested the case by filing their Written Statement with a specific plea that the policy issued in respect of the vehicle, bearing Registration No. AS-02A-3936, in favour of the insured, is a private car and the policy does not cover the occupants carried in the private car. To substantiate the said plea, the Insurance Company also adduced the evidence of one DW-1.

5. The learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, after hearing the arguments put forwarded by both the parties, passed the judgment and order dated 20.01.2015 and awarded a sum of Rs. 12,17,800/-(Rupees twelve lakhs seventeen thousand eight hundred) only with interest @ 6% per annum from the date of filing the claim petition till its realization and directed the appellant/Insurance Company to pay the same within a period of 90 days from the date of order.

6. On being highly aggrieved and dissatisfied with the judgment and order dated 20.01.2015, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, in MAC Case No. 859/2013, the present appeal has been preferred by the appellant/Oriental Insurance Company Ltd.

7. It is stated that the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, erred in law as well as in facts while passing the impugned award of compensation and hence the same is liable to be set aside. The vehicle, bearing Registration No. AS-02-A-3936, was covered by a Private Car Act Policy and as such, the occupants carried in the private care are not covered by the policy in question. The Insurance Company already took the said specific plea in their Written Statement and to substantiate the same, evidence of one DW-1 was also adduced, but the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, without considering this fact and without proper appreciation of evidence on record as well as the policy conditions etc., passed the impugned judgment and award of compensation, which is bad in law and liable to be set aside and quashed.

8. The learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, Guwahati, came to a conclusion that the contesting opposite party has fully established that at the time of accident, the policy did not cover the risk of the occupants, however quite erroneously held that the insurance policy was valid at the time of accident and hence, the Insurance Company is liable to pay compensation which is absolutely illegal and liable to be set aside.

9. Accordingly, the learned Senior Counsel for the appellant/Insurance Company has submitted that the Insurance Company is not at all liable to pay compensation for the occupants carried in the private car and the insurance policy