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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Oriental Insurance Company Ltd., Represented By The Asstt. Manager – Appellant
Versus
Mussttrusna Begum Laskar, W/o. Late Taj Uddin – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mrs. R.D. Mozumdar, the learned counsel representing the appellant Insurance Company as well as Mr. R. Goswami, the learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 16.02.2017 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No.1490/2010.
3. On 01.08.2010, the deceased Taj Uddin, aged about 30 years and was earning Rs.5,000/- per month, going towards his house on foot. At about 9 P.M., when he reached N.R.E.P. Road, a Hero Honda Motorcycle bearing Registration No.AS-11-E-2365 knocked Taj Uddin from behind. He sustained serious injuries. He was immediately shifted to Silchar medical College & Hospital. On 21.08.2010, Taj Uddin succumbed injuries in the hospital.
4. A claim application was filed before the Tribunal seeking compensation.
5. The aforesaid motorcycle was driven by Machunglong Rongmei. In his written statement, he claimed to have a valid driving licence and a valid insurance policy.
6. The Insurance Company contested the claim petition by filing a written statement. The only material plea take by the In
The Motor Accident Claims Tribunal lacks inherent power of review without legislative authority; such power can only correct clerical errors, not substitute judgments.
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
The court established that review petitions cannot substitute the procedural remedies available under the Code of Civil Procedure in motor accident claims.
The court reaffirmed that the burden of proof lies with the Insurance Company to demonstrate the absence of a valid driving license, and emphasized the legislative intent to provide compensation to v....
The court affirmed the principle of determining notional income in compensation claims, emphasizing that it must reflect a just amount for dependents of the deceased.
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