Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 06 November 2026
Case Overview
- Petitioners: Oriental Insurance Company Ltd, a Central Government undertaking, represented by its Regional Manager, Gauhati Regional Office.
- Respondents: Widows and heirs of the deceased forest department employees – Mofida Ahmed (widow of Jahedul Islam) and family; Kalyani Das (widow of Jyotish Das) and family.
- The case stems from a motor vehicular accident on 12 April 2010 where a sand‑laden truck (registration AS‑25/6049) failed to stop after being signaled by the deceased foresters, resulting in their deaths.
- The claimants filed compensation claims under the insurance policy No. 322300/31/2010/4484 issued to the vehicle owner, Sayed Ali.
- Oriental Insurance challenged the trial court’s finding of negligence and liability, alleging that the deceased were negligent, violated traffic rules, and that contributory negligence of 50 % should reduce liability.
- The insurer offered no evidence to substantiate the contributory negligence claim; the only witness (PW‑2 Binoy Kr. Nath) was not an eyewitness to the impact.
Final Outcome
- The High Court held that no evidence establishes any traffic‑rule violation or contributory negligence by the deceased; the insurer’s written‑statement pleas are unsupported.
- The appeals are dismissed in entirety.
- Oriental Insurance is directed to deposit the awarded compensation, after adjusting any amount already paid, together with interest, before the learned Tribunal.
- The Tribunal’s directions regarding disbursement and protection of compensation remain operative, subject to change if minors attain majority or any claimant dies.
- The Registry is ordered to return the statutory deposit to the appellants and to return the TCR forthwith.
Topics: Insurance Liability, Court Judgment