IMPORTANT POINT
In motor accident claims, the burden of proof lies on the claimants to establish their case based on preponderance of probability, and failure to counter evidence by the opposing party supports the claim.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. S. Dutta, the learned counsel for the appellant. Also heard Mr. R. Islam, the learned counsel for the respondent Nos. 1 to 3.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company, i.e. United India Insurance Company Limited, impugning the judgment and award dated 12.07.2016, passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 85/2014, whereby, the appellant was directed to pay a compensation of Rs. 5,63,401/- (Rupees Five Lakhs Sixty-three Thousand Four Hundred One only) to the claimants with interest @ 6% per annum from 19.10.2025 till the date of realization.

3. The facts relevant for consideration of the instant appeal, in brief, are that, on 31.12.2012 at about 2:00 PM, the husband of the claimant Nos. 1 and 2, namely, Surman Ali, was coming out from Bharat Petroleum Refilling Station of Bapuji Nagar after refilling fuel in his motorcycle bearing registration No. AS-18-A- 7481. When Surman Ali reached PWD Road from the refilling station and was going towards Bhalukdubi, another vehicle bearing Registration No. AML-1718 (407 mini bus), knocked him down on the road from backside. As a result, Surman Ali sustained grievous injuries on his person. Soon after the accident, he was taken to Goalpara Civil Hospital and thereafter, to Dispur Hospital, at Guwahati. He was treated for a long time and ultimately, he succumbed to his injuries on 27.01.2014.

4. After the death of Surman Ali, his wives (claimant Nos. 1 and 2 and one minor daughter) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the learned Member, Motor Accident Claims Tribunal, Goalpara claiming compensation for the death of the deceased in a motor vehicle accident, involving vehicle bearing Registration No. AML-1718 (407 mini bus), which was insured with the United India Insurance Company Limited, i.e., the present appellant.

5. The appellant insurance company contested the claim case. The driver of the offending vehicle also filed a written statement. However, the owner of the offending vehicle did not contest the claim and the claim case proceeded ex parte against him.

6. Upon pleadings of the parties following issues were framed for determination by the learned Member, Motor Accident Claims Tribunal, Goalpara:-

i. Whether the deceased Surman Ali died as a result of injuries sustained by him in the alleged motor vehicular accident dated 31.12.2012 involving vehicle bearing registration No. AML-1718 (407 mini bus), and whether the said accident had taken place due to rash and negligent driving of the offending vehicle.

ii. Whether the claimants are entitled to any compensation and if yes, to what extent and by whom amongst the opposite party the said compensation will be payable.

7. The claimants side examined 1(one) witness to prove their case. However, the opposite party, including the present appellant did not examine any witness.

8. Ultimately, on completion of the inquiry, both the issues were decided in affirmative in favour of the claimants and a compensation amount of Rs. 5,63,401/- (Rupees Five Lakhs Sixty-three Thousand Four Hundred One only) was awarded to the claimants, along with an interest, @ 6% per annum from 19.10.2015 till the date of realization.

9. The appellant insurance company has preferred this appeal against the impugned judgment mainly on the ground that there is no evidence to show that the deceased Surman Ali died, as a result of the injuries sustained by him, in the vehicular accident which occurred on 31.12.2012.

10. Mr. S. Dutta, the learned counsel for the appellant has submitted that accident in which the deceased, Surman Ali, sustained injuries occurred on 31.12.2012, however, Surman Ali died on 27.01.2014, i.e., after a period of about 1 year 26 days from the date of said accident. He further submits that there is no documents on record t