ORDER

09-01-2024 Heard Mr. PJ Phukan, learned counsel for the appellant. Also heard Mr. S Dutta, learned counsel for the respondent No.3 Insurance Company.

2. The appellant as claimant filed a case vide MAC Case No.21/1999 before the learned Member, MACT, Sivasagar for granting of suitable compensation on account of the death of her husband Amir Ali, who died in a motor vehicle accident which took place on 02.02.1999 near Damani Petrol Pump, Sivasagar Town over National Highway No.37 at around 7.30 P.M., due to rash and negligent driving of a driver of a vehicle (Truck) bearing registration No.AMS-

6085.

3. In connection with the aforesaid accident a case was registered vide Sivasagar P.S Case No.49/1999 under Sections 279/427/304(A)IPC and after completion of the investigation, the concerned Investigating Officer also submitted charge sheet against the drive of the alleged offending vehicle.

4. Subsequently, the appellant/claimant moved a claim petition before the Court of MACT, Sivasagar claiming compensation amounting to Rs.5,75,000/- and the opposite parties i.e. the concerned owner and driver of the vehicle as well as the Insurer of the vehicle i.e. the Oriental Insurance Company L