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IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Oriental Insurance Company Ltd., Represented By its Regional Manager – Appellant
Versus
Niru Saikia, W/o. Purnanda Saikia – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the accident. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. conflicting arguments on jurisdictional suitability of the compensation act versus motor vehicles act. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. section 167 of the motor vehicles act prohibits seeking compensation under both the employees' compensation act and the motor vehicles act simultaneously. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. claimants under section 166 must prove fault-based liability, and income limitations preclude shifting to section 163a. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 5. order setting aside the impugned award due to jurisdictional errors by the tribunal. (Para 36 , 37 , 38) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. R. C. Paul, the learned counsel for the appellant Insurance Company. Also heard Mr. I. A. Talukdar, the learned counsel for the respondents /claimants.
2. This Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Oriental Insurance Company Limited impugning the judgment and award dated 23.08.2022 passed by the Motor Accident Claims Tribunal, Nagaon in the MAC Case No. 2
The absence of a limitation period at the time of the accident justified the delay in filing the claim, maintaining that the state is vicariously liable for accidents caused by its employees.
A claim under Section 166 of the Motor Vehicles Act is maintainable if negligence cannot be attributed to the deceased rider, allowing for just compensation.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
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