Insurance companies are liable for compensation in cases of fatal accidents if the policy was active and negligence is established, following appropriate legal guidelines for loss assessment.

JUDGMENT

1. This appeal by the insurance company under Section 173 of the MOTOR VEHICLES ACT , 1988 is directed against the award dated 29.01.2021 passed by the Motor Accident Claims Tribunal, Sipahijala District, Bishalgarh in TS(MAC) 182 of 2016 whereby the Tribunal awarded a sum of Rs.12,86,600/- in favour of claimant-respondent, Smt. Shanti alias Santi Bala Nama for the death of her 23 years' old son Narayan Nama in a road traffic accident which occurred at Batanmura, Bishalgarh on 04.08.2013.

2. The claimant filed a petition under Section 166 of the MOTOR VEHICLES ACT before the tribunal alleging that on 04.08.2013 at about 9.30 p.m when her son Narayan was riding a motor bike bearing registration No. TR01-M-8927 (Hero Honda CBZ) from Sikuria Bazar to the house of the claimant, the vehicle met with an accident at Batanmura and as a result of the injuries sustained by him, he expired in G.B.P and AGMC Hospital at Agartala after few hours.

3. On 30.08.2013 the claimant mother of the deceased filed a written FIR with the Officer-in-Charge of Bishalgarh police station alleging, inter alia, that the accident occurred due to rash and negligent driving of the motor bike on which his son was travelling from Sikuria Bazar to his house at Karaimura. Based on her FIR, BLG P.S Case No.188 of 2013 under Section 279 /304A IPC was registered and after investigation police submitted charge sheet against Ajit Das for offence punishable under Sections 279 and 304A IPC for driving the offending motor bike rashly and negligently.

4. By filing written statement, at the claims tribunal, respondent No.2, the owner of the offending motor bike admitted the accident. But he denied that the accident took take place due to rash and negligent driving of the motor bike. He claimed that the documents of the vehicle were operative on the date of accident and asserted that since the vehicle was insured with the appellant insurance company and the policy was operative, the liabilities arising from the accident would be borne by the insurance company.

5. The appellant insurance company by filing separate written statement at the Tribunal claimed that the claim petition was filed in collusion with the owner of the offending motor bike to facilitate payment of compensation and cause loss to the insurance company. It was pleaded by the appellant insurance company that the insurance company was not liable to pay any compensation in the instant case and moreover, the claimant sought for an exorbitant amount of compensation. The insurance company therefore, urged for dismissal of the claim petition.

6. The Tribunal, in the course of trial framed the following issues for determination:

(i) Whether deceased Narayan Nama sustained injuries in a vehicular accident on 04.08.2016 due to rash and negligent driving of TR-01-M-8927 (Hero Honda CBZ) and succumbed to the injuries in hospital?

(ii) Whether the claimant was entitled to any compensation for the death of her son and if so what should be the amount of compensation and who would be held liable to pay such compensation?

In order to establish her claim, claimant examined herself as PW-1 and submitted copy of the FIR ( Exbt.1), copy of the seizure list (Exbt.2), post mortem examination report of her son(Exbt.3) and the charge sheet(Exbt.4).

7. On the other side, Mihir Debnath, owner of the offending motor bike examined himself as OPW-1. He submitted driving licence (Exbt.-1) of Ajit Das who was driving the motor vehicle at the time of accident, insurance policy(Exbt.-B), registration certificate(Exbt.-C) and the tax token of the offending vehicle(Exbt.-D).

8. On appreciation of evidence, the Tribunal held that the accident