Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 03 September 2026
Case Overview
- Petitioners: Smt. Pratima Devi (widow of the deceased) and her minor son, Nabajyoti Nath; Respondents: United India Insurance Company Ltd (regional manager), Mrs. Minti Hazarika (owner of the offending truck), and Mr. Lalit Bania (driver of the truck).
- The accident occurred on 16 May 2013 at about 2.30 pm on Kampur Kachua Road, Nagaon, Assam, where a truck (Reg. No. AS‑09‑G‑0618) rear‑ended the deceased’s motorcycle, resulting in his death.
- Claimants sought compensation of ₹45,00,000 before the Motor Accident Claims Tribunal (MAC Case No.1039/2013). The Tribunal found both vehicles equally liable and directed United India Insurance to pay 50 % of the total compensation of ₹33,66,144.
- The petitioners appealed under Section 173 of the Motor Vehicles Act, 1988, contending that the motorcycle did not contribute to the accident and that they were entitled to the full amount.
Final Outcome
- The Hon’ble Justice Parthivjyoti Saikia held that the claimants failed to produce evidence disproving the motorcycle’s contribution; consequently, the Tribunal’s finding of equal liability was upheld.
- The appeal is dismissed as devoid of merit; the record of the Tribunal is to be returned.
- United India Insurance Company Ltd remains liable to pay 50 % of ₹33,66,144 (i.e., ₹16,83,072) to the claimants.
Topics: Court Judgment, Motor Accident Compensation, Insurance Liability