DISTRICT: DARRANG IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL::DARRANG::MANGALDAI (CIVIL ORIGINAL JURISDICTION)

Transcription

1 DISTRICT: DARRANG IN THE COURT OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL::DARRANG::MANGALDAI (CIVIL ORIGINAL JURISDICTION) Name of Parties: Ref: MAC Case No.74 of Mustt. Jamina Khatun Claimant 1. Md. Rustam Ali, Owner of the tractor vehicle No. AS (Bus). 2. The Branch Manager, National Insurance Co. Ltd., Mangaldai Branch, Darrang. Date of Argument : Date of Judgment & Order : Appearance: Opposite Parties 1. For the Claimant : Md. Jobbar Ali, Advocate, Mangaldai. -Versus- -AND- 1. For O.P.No.1 : Sri Jayanta Deka, Advocate, Mangaldai. 2. For O.P. No.2 : Ex-parte PRESENT Shri P.J. Saikia Member, Motor Accidents Claims Tribunal Darrang,Mangaldai

2 2 JUDGMENT AND ORDER 1. This claim petition is filed U/S-166 of the M.V. Act, 1988 by the claimant Mustt. Jamina Khatun claiming compensation on account of bodily injury caused by Motor accident by vehicle No.AS (Bus) on at Chakarabasti (Sikar Ali), at about 2.00 PM. 2. The case of claimant in brief is that on , at about 2.00 PM while the claimant was going to Silbari from Dalgaon by the offending vehicle the driver of the vehicle by driving rash and negligent manner lost its control and the bus fell down on the street pond nearby the road side. As a result, the claimant sustained grievous injury over head, chest, legs and different parts of her body. Immediately after the accident, she was admitted to Mangaldai Civil Hospital for her treatment and treated there for about one month. She spent Rs.30,00.00 for her treatment and she claimed Rs.1,00, as compensation. In this connection, police registered a case bearing Dalgaon P.S. Case No.38/10, U/S-279/337/338 of the IPC. 3. Notice was issued to opposite party. Opposite party No.1- owner of the vehicle contested the case by filing written statement. O.P.No.1 contended that claim is non-maintainable, there is no cause of action and denies liabilities for any

3 3 compensation. This opposite party further contended that the vehicle No.AS (Bus) was duly insured with National Insurance Co. Ltd., Mangaldai Branch under valid policy of insurance being the No /31/09/ valid up to covering all the risk and liability of the accident involving the said vehicle and arising out of the use thereof. As the same was being plied complying with all the terms and conditions of the said policy and also complying the relevant provision of Motor Vehicle Act, the insurance company is liable to pay compensation as claimed by the claimant. 4. Opposite party No.2-National Insurance Co. Ltd did not contest the case and the case against this opposite party is heard exparte. 5. Upon the premises of the pleadings, the following three issues have been settled: i).whether the injured sustained grievous injuries in a road traffic accident due to rash and negligent driving involving vehicle No.AS-13/5458 (bus)? ii) Whether the offending vehicle was duly covered with the insurance policy at the relevant time of the accident? iii) To what refief/reliefs if any, parties are entitled to?

4 4 6. Claimant side examined only one witness and opposite party did not cross-examine this witness. Opposite party did not examine any witnesses. I have heard argument from both sides of learned counsel and perused the case record. Decision of Issues Nos.1 &2 7. The claimant adduced evidence to the effect that on , at about 2.00 PM while the claimant was going to Silbari from Dalgaon by the offending vehicle the driver of the vehicle by driving rash and negligent manner lost its control and the bus fell down on the street pond nearby the road side. As a result, the claimant sustained grievous injury over head, chest, legs and different parts of her body. Immediately after the accident, she was admitted to Mangaldai Civil Hospital for her treatment and treated there for about one month. No rebuttal evidence has been adduced by the insurer. From the oral evidence of the claimant filed by her there is no doubt that the claimant sustained injury in the motor vehicle accident involving the offending vehicle No. AS (Bus) and in the said son of the claimant was seriously injured. That the offending vehicle was insured with the opposite party National Insurance Co. Ltd., Mangaldai Branch, Darrang is not in dispute. Hence this issue is decided in favour of the claimant. ISSUES NO. 3

5 5 8. In view of the discussion and decision of the foregoing issues, the claimant is certainly entitled to compensation. Claimant has stated that due to the accident her minor son sustained grievous injury. She produced only cash-memos for approximately Rs 10,000/- only. Considering the nature of the injury suffered by the claimant and the duration of the treatment, Rs 10,000/- is awarded for medical expenses and Rs 5000/- is awarded for pain and suffering. Thus the total compensation comes to Rs 15,000/-. This issue is decided accordingly in favour of the claimant. A W A R D 10. Rs 15,000/- (Rupees fifteen thousand) is awarded with 6%p.a. from the date of filing the claim petition, i.e , till payment. The OP No. 2, National Insurance Co. Ltd. is directed to pay the award within one month from the date of order. Given under my hand & seal of this Court on this 11th day of June, P.J.Saikia Member Motor Accident Claims Tribunal Certified that the judgment is typed to my dictation and corrected by me and each page bears my signature.

6 6 (P.J. Saikia) Member,MACT Darrang,Mangaldai