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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
National Insurance Company Ltd. – Appellant
Versus
Konmai Saikia, W/o. Late Bipin Chandra Saikia – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. R. Goswami, the learned counsel representing the appellant Insurance Company as well as Mr. K.R. Bora, 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 14.10.2019 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup(Metro) in MAC Case No.1447/2015.
3. On 14.04.2015 at about 11 P.M., the deceased Bipin Ch. Saikia was driving a motor cycle bearing Registration No.AS-06-P-5284. In fact, he was coming home from Kathalguri. On the way home, a Maruti Van bearing Registration No.AS-06-M-0389, which was going towards Dibrugarh had hit the motorcycle of the deceased. Late Bipin Ch. Saikia sustained serious injuries. In spite of that, only in the next morning, he was brought to Duliajan Oil India Medical Hospital. The doctors referred him to Aditya Nursing Home at Dibrugarh. But before reaching Dibrugarh, he succumbed to his injuries.
4. Narrating the aforesaid facts, the claim application was filed before the Tribunal. The owner-cum- driver of the Maruti Van did not contest the said claim petition. Only the Insurance Company of the
Insurance company failed to prove claims regarding accident conditions, and court affirmed the Tribunal's compensation award based on lack of evidence.
Contributory negligence by the deceased reduced the compensation determined by the Tribunal from full to half, affirming joint liability for the accident.
Court determines shared liability between vehicles involved in accident, holding insurance for both liable for compensation under Motor Vehicles Act.
The Motor Accident Claims Tribunal lacks inherent power of review without legislative authority; such power can only correct clerical errors, not substitute judgments.
The court upheld the claims tribunal's findings on negligence and compensation, affirming that composite negligence allows claims against multiple parties and that future potential income of a deceas....
The Insurance Company may not contest facts not raised in earlier proceedings, as liability was established against the driver for the motor accident leading to the claimant's death.
Point of Law : Insurance policy covered third party risk only and the deceased had stepped into the shoes of the original owner which means that the deceased was not a third party.
Insurance policies prohibiting the carrying of passengers do not exempt liability if the policy holder fails to prove commercial intent in a case of passenger injury.
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