IMPORTANT POINT
The main legal point established is the assessment of compensation in motor accident cases under the Motor Vehicles Act, emphasizing the principles of just and reasonable compensation based on available evidence.

JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for the respondent Nos.1-4.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment & Award dated 27.04.2018 passed by the learned Member, MACT, No.2, Kamrup (M), in MAC Case No.541/2009 filed under Section 166 of the Motor Vehicles Act, 1988.

3. Brief facts of the case is that the deceased victim who was the husband of the claimant No.1 died in a Motor accident on 08.03.2009 while he was walking from Ganeshguri towards Paltanbazar Railway Station, when he reach near Foodex Restaurant at Christian Basti, a vehicle bearing Registration No.AS-01-M- 8014 (Maruti Van) knocked him down. As a result of the accident the deceased victim sustained severe injuries and succumbed to his injuries at GNRC hospital. The deceased was said to be about 28 years of age and was a Jr. boxing instructor. The claimants being the wife, mother and children of the deceased filed the claim application under Section 166 MV Act, notice was issued to the O.P. No. 1, Reliance General Insurance Company Ltd. and O.P. No.2, the owner of the vehicle (Maruti Van), O.P. No.3, driver of the offending vehicle. The Insurance Company/O.P. No.1 contested the case by filing their written statement, denied the whole fact of the accident and the involvement of the alleged accident vehicle. They further denied that there was any rash or negligent driving on the part of the driver and also denied that the driver of the alleged accident vehicle had a valid driving license. The Insurance Company/O.P. No.1 admitted that at the time of the accident, the alleged accident vehicle bearing Registration No.AS-01-M-8014 (Maruti Van) was duly insured with a valid Policy No.1505782311002263. The owner of the vehicle/O.P.No.2 also denied the whole facts of the case but stated that at the time of the accident, the vehicle (Maruti Van) was duly insured with Policy No.1505782311002263, which was valid upto 11.05.2009 and therefore it was the Insurance Company who are liable to pay any compensation to the claimants. None had appeared on behalf of the O.P. No.3 the driver of the offending vehicle and the case proceeded ex-parte against him.

4. From the pleadings of the parties, the learned Tribunal framed the following issues :

i) Whether victim Laldinmawia died as a result of the injuries sustained by him in the alleged road accident dated 08.03.2009 involving vehicle No.No.AS-01-M-8014 (Maruti Van) and whether the said accident took place due to rash and negligent driving of the driver of the offending vehicle?

ii) Whether the claimants are entitled to receive any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?

5. During hearing, 3 (three) witnesses adduced evidence on the claimants side and exhibited the following documents, namely; Copy of the accident information report, copy of the post-mortem report, a certificate showing the salary of the deceased issued by Singapore Boxing Club, salary voucher of the deceased, discharge certificate, medical certificate of the dead, Boxing Coach Certificate issued by Champion Boxing Club, Singapore and medical reports which were Exhibited at Ext. 1 to 702. One witness appeared on behalf of O.P. No.1.

On considering the evidence adduce by both the parties, the learned Tribunal held that the Maruti Van No.AS-01-M-8014 (Maruti Van) was having a valid Insurance Policy. The learned Tribunal also found that the accident which occurred on 08.03.2009 was due to the rash and negligent driving of the driver of the offending vehicle, Maruti Van bearing Registration No.AS-01-M-8014 (Maruti Van) and that the deceased victim died due to the grievous injuries sustained by him in the accident.

6. The learned Trial Court then considered what would be the just and proper compensation to be given to the dependents of the deceased victim/claimants. I