GUWAHATI: The Gauhati High Court recently has modified a portion of a verdict from a motor accident claims tribunal related to a fatality resulting from reckless and negligent driving nearly a decade ago.
In a recent directive, the high court set aside the tribunal's order instructing the insurance company to compensate the claimant and then recover the same from the owner of the offending vehicle.
The incident occurred on January 23, 2013, when the claimant and her husband were involved in a vehicular accident due to rash and negligent driving, leading to the husband's immediate demise. The claimant sought compensation for her husband's death from the Motor Accident Claims Tribunal No. 2, Kamrup.
The insurance company contested the case, arguing that the private car policy did not cover the occupants traveling in the vehicle. Despite the insurer's arguments, the tribunal issued a judgment on January 20, 2015, awarding ₹12,17,800 with interest to the claimant.
In its recent decision, the Gauhati High Court held that the tribunal's direction to the insurance company to pay the compensation first to the claimant and then recover it from the owner was unsustainable and, therefore, set aside that part of the order. However, the court affirmed that the owner/insurer was obligated to satisfy the tribunal's award and pay compensation to the claimant by depositing the awarded amount within three months.
