The opposite party is liable to pay the compensation to the claimant for the death caused by the said accident. Motor Accident Claims Tribunals exercise Judicial power is discussed in the Gauhati High Court before the HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA in the matters of National Insurance Company Limited v. Mamoni Das and Ors. [MACApp./74/2014]
The background of the case arises at the time the deceased was driving a motorcycle and another motorcycle driven in a rash and negligent manner, which was coming from the opposite direction hit the motorcycle of the deceased. The death of the deceased was instantaneous. It is a head-on collision.
The deceased was employed at the erstwhile Assam State Electricity Board and drew a salary of Rs.8,000/- per month. At the time of his death, he has left behind his wife, two daughters and two sons. A claim case for seeking compensation was filed before the concerned Claims Tribunal.
The claimant examined three witnesses. The appellant did not adduce any evidence. On the evidence on record, the Tribunal awarded a total of Rs.15,08,000/- with 6% interest per annum to be calculated from the date of filing of the claim case till full and final payment.
Motor accident Claims Tribunals exercise judicial powers. The award which may be allowed by the Tribunal is Public money. Therefore, the Tribunal is legally bound to consider all relevant facts connected to the accident and should pass an award after that.
The Hon’ble Court held that ‘The Impugned judgement passed by the Tribunal at Guwahati requires to be interfered with. The impugned judgement and award are set aside. The claim case is remanded to the Tribunal to frame appropriate issues and no court can uphold an inherently faulty judgement’.
Judgement reviewed by- Kaviya S