The main legal point established is the determination of liability in motor accident claims based on evidence of rash and negligent driving, validity of insurance cover, proof of victim's age and income, and awarding just and reasonable compensation.

JUDGMENT :

1. The instant appeal arises out of an award dated 11.11.2019 passed by the learned Member Accident Claims Tribunal, Mokokchung in MAC Case No.3/2019.

2. The facts involved in the instant case is that the claimant’s husband while returning from Garchiga market by riding on his bicycle and while reaching Borchala connecting road junction at 8 pm on 12.07.2018 was knocked down by a Pulsar Bike bearing Engine No.DHYRJM 05351. Thereupon, due to grievous injuries suffered by the claimant’s husband, he succumbed to his injuries on his way to the Guwahati Medical College and Hospital. On the basis of the above, the claim petition was filed by the claimants who are the Respondent Nos. 1 to 6 in the instant appeal before the learned Member Accident Claims Tribunal, Mokokchung. The said claim proceedings was registered and numbered as MAC Case No.3/2019. The rider of the Pulsar Bike was arrayed as the Opposite Party No.1 whereas the Appellants herein were arrayed as the Opposite Party Nos. 2 and 3. The rider of the Pulsar Bike i.e. the Opposite Party No.1 did not participate in the said proceedings for which the claim proceedings proceeded ex-parte. As regards the Opposite Party Nos. 2 and 3 i.e. the Appellants, they filed the written statement.

3. From a perusal of the said written statement, it transpires that the usual grounds of defence were taken and it was the specific case that the accident happened on 12.07.2018 whereas the insurance policy was valid only from 19.07.2018 and as such the Opposite Party Nos. 2 and 3 i.e. the Appellants herein cannot be burdened with the liability in respect to the said incident. On the basis of the pleadings, as many as 4 (four) issues were framed which are enumerated hereinunder:

“Issue No.1. Whether the accident dated 12.7.18 was the result of sole negligence driving of the Pulsar motor bike 150 BS IV (New) engine No.DHYRJM 05351, chassis No. MD 2A 11CY 5JRM 32535 and thereby the deceased died out of the accident?

Issue No.2. Whether at the material time of accident the offending vehicle was possessing all valid and effective documents including driving license as per law?

Issue No. 3. Whether the claimant able to proof the age, income and avocation of the deceased?

Issue No. 4. Whether the claimants are entitled to any compensation? If yes, what amount and payable by whom?”

4. The Issue No.1 was decided by the Motor Accident Claims Tribunal holding inter alia that the evidence of PW-1 and PW-2 clearly proved that the accident occurred on 12.07.2018 was due to a result of rash and negligent driving of the rider-cum-owner of the new motor bike and due to high speed and going towards wrong side had knocked down the claimant’s husband. It was also observed by the learned Tribunal that no contrary evidence was produced by the Opposite Parties despite opportunities. On the basis thereof, it was held that the accident occurred due to rash and negligent driving which led to the death of the claimant’s husband.

5. As regards the Issue No.2, the learned Tribunal duly took note of that on 10.07.2018, the motor bike was purchased from one A.H. Auto World, North Lakhimpur and in respect to the said bike bearing Engine No.DHYRJM 05351, Chassis No. MD 2A 11CY 5JRM 32535, the Oriental Insurance Company had issued a cover note No.477365 with commencement of risk from 10.07.2018 to 09.07.2019 and as the accident occurred on 12.07.2018 i.e. after the issuance of the cover note, the Opposite Party Nos. 2 and 3 would be liable. This Court further finds it relevant to take note of that the cover note was exhibited as Exhibit-P3.

6. As regards the Issue No.3, the learned Tribunal opined that the age of the victim was 40 years and came to a finding that an amount of Rs.10,000/- can be taken as the monthly income of the said victim.

7. As regards the Issue No.4 which pertains to what would be the compensation, the learned Tribunal came to a finding that the amount of Rs.14,20,000/- shall be the just and reasonable comp