BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MORIGAON::::::ASSAM. MAC CASE NO.54 OF 2007 PRESENT: SHRI P.C. DAS(A.J.S.) MEMBER, MACT,MORIGAON(ASSAM).

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1 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MORIGAON::::::ASSAM. MAC CASE NO.54 OF 2007 Shri Arup Sharma... Claimant -Versus- 1. ICICI Lombard General Insurance Co.Ltd...Opp. Party No.1, 2. National Insurance Co. Ltd., Guwahati, Kamrup...Opp. Party No.2, 3. Md. Abul Kayem Choudhury...Owner of vehicle No. AS-02-C/8062, Opp. Party No.3, And 4. Shri Gahin Ch. Konwar, owner-cum-driver of vehicle No. AS-21/7508, Opp. Party No.4. PRESENT: SHRI P.C. DAS(A.J.S.) MEMBER, MACT,MORIGAON(ASSAM). APPEARANCE: Mr. R.M. Baruah : Learned Advocate for the Claimant. Mr. J.C. Bhuyan : Learned Advocate for the Opp. Party No.1. Mr. J.C. Bhuyan : Learned Advocate for the Opp. Party No.2. Mr. H.Das : Learned Advocate for the Opp. Party No.3. Mr. U.C. Roy : Learned Advocate for the Opp. Party No.4. Evidence recorded on : Argument heard on : Date fixed for Judgment : Judgment delivered on : J U D G M E N T A N D O R D E R 1. Claimant Arup Sharma has approached this Tribunal by filing the petition No.275/2007 dated U/S 166 of the M.V. Act, praying for grant of compensation due to the injuries sustained by him, in a motor vehicle accident. Contd...2/-

2 (2) 2. Before proceeding any further, it will be appropriate at the juncture to depict briefly the factual matrix of the case, as projected by the petitioner in the claim petition. FACTUAL MATRIX 3. That on , while the claimant was proceeding towards his residence by means of the auto-rickshaw bearing registration No.AS-21/7508 and that on reaching Bhurbandha in front of the Ouguri H.S. School, the said vehicle collided with the Tata Sumo Victa vehicle bearing registration No. AS-02-C/8062 approaching from opposite direction, due to rash and negligent manner of driving on the part the drivers of the both vehicles and consequently he sustained injuries on his person. As narrated in the said claim petition, the claimant was initially admitted in the Morigaon Civil Hospital but considering the seriousness of his injuries, the attending doctors referred him to Guwahati for better treatment. 4. As it is reflected in the claim petition, in this connection the Morigaon PS Case No.235/2006 vide GDE No.504/2006 was registered. 5. By filing the written statement the ICICI Lombard General Insurance Co. Ltd. (Opp.Party No.1) has inter alia pleaded that the amount of compensation as claimed in the claim petition is arbitrary, highly inflated, excessive and does not have any legal basis. 6. The National Insurance Co. Ltd., Guwahati, the Opp. Party No.2, on the other hand by filing the written statement, Contd...3/-

3 (3) besides raising the usual legal pleas and denying the material particulars as raised in the petition, has specifically pleaded that the compensation, as prayed for by the claimant is arbitrary, excessive and therefore the compensation as claimed in the claim petition, is arbitrary, highly inflated and the same has no legal basis. 7. By filing the written statement, Abul Kayem Choudhury, Opp. Party No.3, the admitted owner of the Tata Sumo vehicle bearing registration No. AS-02-C/8062 has inter alia pleaded that the said vehicle was driven by an experienced driver with valid driving licence and that the said vehicle was covered by valid insurance policy bearing No.3001/ /00/000 issued by the ICICI Lambard General Insurance Co. Ltd. and there was no negligence on the part of the driver of the said Tata Sumo vehicle, but the said accident occurred due to fault of other vehicle. 8. On the other hand, by filing the written statement by Gahin Ch.Konwar, Opp. Party No.4, the admitted owner of the auto-rickshaw bearing registration No. AS-21/7508 has pleaded that the said vehicle was duly insured with the National Insurance Co. Ltd., Nagaon Branch vide policy No /31/06/ and the driver of the autorickshaw had the valid driving licence at the relevant time of occurrence. According to him, the insurer is liable to pay compensation. Contd...4/-

4 (4) 9. On the basis of the pleadings of the parties, following issued are framed: I S S U E S: 1.Whether the accident took place due to rash and negligent driving by the drivers of the offending vehicles bearing Nos. AS-2-C/8062(Tata Sumo) and AS-21/7508(Auto-rickshaw)? 2.Whether the claimant is entitled to get any compensation? If so, what should be the quantum of the said compensation? AND 3.Who should be liable to pay the compensation? DISCUSSIONS, DECISION AND REASONS THEREOF: 10. In this case, the claimant side has examined Arup Sharma(PW1) only. He has exhibited a number of documents from Ext.1to Ext I have considered the materials on record very carefully and cautiously. My issuewise findings are as follows: ISSUE NO.1: Examining himself as PW1, Arup Sharma has inter alia narrated that on while he was proceeding Contd...5/-

5 (5) towards his home by an auto-rickshaw bearing registration No. AS-21/7508 and that on reaching Bhurbandha, due to collision of the said vehicle with a Tata Sumo vehicle bearing registration No. AS-02-C/8062 near Ouguri High School, due to rash and negligent manner of driving on the part of the both drivers of the said vehicles he sustained injuries on his person. According to PW1, he was immediately taken to the Morigaon Civil Hospital; but considering the seriousness of his injuries he was referred to Guwahati where he got admitted since to As added by PW1 in his statement, in connection with this accident, the Morigaon PS Case No.233/2006 vide GDE No.504/2006 was registered. According to PW1, he was a driver by occupation and that his monthly income is about Rs.5,000/ The Accident Information Report(Ext.1) reveals that the claimant Arup Sharma was involved in an accident on at Bhurbandha in front of Ouguri H.S. School, that the Tata Sumo vehicle was insured with the ICICI Lombard General Insurance Co. Ltd. and that the auto-rickshaw was insured with the National Insurance Co.Ltd., Nagaon Branch, the Opp. Party No The discharge slip from the Morigaon Civil Hospital discloses that the claimant Arup Sharma was admitted in the said hospital on following road traffic accident and he was discharged on the same day at 8-20 PM, and that he sustained fracture of right clavicle and head injury and he was Contd...6/-

6 (6) referred to the GMCH, Guwahati for better treatment. 14. The discharge certificate from the Dispur Polyclinic and Nursing Home discloses that claimant Arup Sharma was admitted in that hospital due to road traffic accident, head injury and viral hepatitis and he was discharged on Although the claimant has claimed that he was a driver by occupation, that his monthly income was Rs.5,000/- and that he was admitted in the hospital from to , to that effect no reliable document is filed. There is absolutely no paper as regards the engagement of the claimant as a driver and that his monthly income of Rs.5,000/-. On the other hand, from the medical papers particularly from the discharge slips the Exts. 2 and 3 it is found that he was admitted in the hospital from to following road traffic accident. 16. As against the specific evidence of PW1 to the effect that the accident occurred due to rash and negligent manner of driving on the part of the drivers of the both vehicles, nothing appears to the contrary from the evidence on record. 17. In the light of above discussions, it is reasonably held that the motor accident occurred on at Bhurbandha near Ouguri H.S. School due to rash and negligent driving on the part of the drivers of the both vehicles and accordingly,the issue No.1 is decided in favour of the claimant. Issues No.2 and 3: 18. While discussing the issue No.1, we have already Contd...7/-

7 (7) found that the Tata Sumo vehicle bearing registration No.AS- 02-C/8062 was insured with the ICICI Lombard General Insurance Co.Ltd. whereas the auto-rickshaw bearing registration No.AS-21/7508 was insured with the National Insurance Co.Ltd., Nagaon Branch. 19. It is pertinent to mention here that the aforesaid insurance companies had not specifically denied that the said vehicle was insured with them. Moreover, there appears nothing to show to the contrary. In that view of the matter, respective insurance companies are liable to pay the compensation. 20. As already discussed, the claimant has not submitted any paper, as regards his income. Be that as it may, but at the time of such accident, a person must earn Rs.4,000/- PM to collect his essential requirements. In that view of matter, his monthly income is assessed as Rs.4,000/ Under the above circumstances, the claimant is entitled to get compensation from the ICICI Lombard General Insurance Co.Ltd.(Opp. Party No.2) and the National Insurance Co. Ltd.(Opp. Party No.3) on 50:50 basis as follows: (1)Medical expenditure... Rs.10,579/- (2)Loss of income for one month...rs. 4,000/- (3)Pain and suffering...rs. 7,000/- (4)Conveyance...Rs.10,000/- Total Rs. 31,579/- Contd...8/-

8 (8) 22. Accordingly, the issues No. 2 and 3 are decided as such in favour of the claimants. O R D E R In the light of above discussions, the claim of the claimant, Shri Arup Sharma is allowed on contest for an award of Rs.31,579/-(Rupees thirty-one thousands five hundred seventy-nine) only. The ICICI Lombard General Insurance Co.Ltd.(Opp. Party No.1) and the National Insurance Company Ltd.(Opp. Party No.2), are directed to pay the said amount on 50:50 basis within 90 days from the date of passing this order, with 6% per annum w.e.f , i.e. the date of institution of this case, subject to adjustment any amount, already paid in favour of the claimant. Be it recorded here that in the event of failure on the part of the said insurance companies to pay the awarded amount within the stipulated time, as indicated above, an additional 9% will be levied from the date of passing this judgment and order. Send copies of this judgment and order to the ICICI Lombard General Insurance Co.Ltd. (Opp. Party No.1) and the National Insurance Company Ltd.(Opp. Party No.2) for doing Contd...9/-

9 (9) needful, in the light of directions passed in this judgment and order. Given under my hands and seal of this Tribunal today this the 16th day of October, Dictated & corrected by me. Member, MACT, Morigaon. Member, MACT, Morigaon....