BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MORIGAON::::::ASSAM. MAC CASE NO.33 OF 2007

Transcription

1 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MORIGAON::::::ASSAM. MAC CASE NO.33 OF 2007 Shri Prabin Saikia... Claimant -Versus- 1.Md. Hedayat Ullah...Opp. Party No.1 and 2.The Divisional Manager, United India Insurance Co.Ltd, Guwahati....Opp. Part No.2. PRESENT: SHRI P.C. DAS(A.J.S.) MEMBER, MACT,MORIGAON(ASSAM). APPEARANCE: Mr. P.B. Dey : Learned Advocate for the Claimant. Mrs. G.Deka : Learned Advocate for the Opp. Party No.1. Mr.R.K. Bharali : Learned Advocate for the Opp. Party No.2. 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. Shri Prabin Saikia, the claimant in this case has approached this Tribunal by filing the petition No.159/2007 U/S 166 of the M.V. Act, praying for grant of compensation, for injury 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 claimant in the claim petition. FACTUAL MATRIX 3. That on , while the claimant, Prabin Saikia was proceeding from Silputa towards Mikirgaon Gaon Panchayat riding on his bicycle, at about 8-30 AM, on reaching Bhurhandha a Hero Honda motorcycle bearing registration No.AS-01-T-3544, approaching from Bhurbandha towards Jaluguti, in a rash and negligent manner of driving on the part of the driver of the motorcycle, knocked him on his bicycle from backside and consequently, he sustained multiple injuries on his person. 4. As reflected in the claim petition, in this connection, the Morigaon PS Case G.D. Entry No.878 dtd was recorded. 5. By filing the written statement, Md. Hedayat Ullah, opp. party No.1, the admitted owner of the Hero Honda motorcycle bearing registration No. AS-01-T-3544 has inter alia pleaded that the said motorcycle was duly insured with the United India Insurance Co. Ltd. vide policy No /31/06/01/ and therefore the said Insurance Co. is liable to compensate the claimant. On the other hand, by filing the written statement on behalf of the United India Insurance Company Ltd., the opp. party No.2, besides raising the usual legal pleas and denying the Contd...3/-

3 (3) material particulars, as raised in the claim petition, it is specifically pleaded that the compensation, as claimed by the claimant in his claim petition, is highly exaggerated and without any basis and therefore the claimant is not entitled to get the compensation, as prayed for. 6. On the basis of the pleadings of the parties, following issues are/were framed: I S S U E S: 1.Whether the accident took place due to rash and negligent driving by the driver of offending vehicle in question, AS-01-T- 3544(Hero Honda splendour )? 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: 7. In this case, claimant side has examined three witnesses including Prabin Saikia, the claimant; whereas none is examined from the side of opp. parties. The claimant side has also produced a number of documents from Ext.1 to Ext I have considered the materials on record very carefully and cautiously. Contd...4/-

4 (4) 9. I have also heard the argument advanced by the learned Advocate of the claimant and also I have perused the written argument submitted on behalf of the United India Insurance Co. Ltd., the opp. party No My issuewise findings are as follows: ISSUE NO.1: Examining himself as a witness to the case, the claimant Prabin Saikia(PW1) has inter alia narrated in his evidence that on while he was proceeding from Silputa towards Mikirgaon Gaon Panchayat to attend the Gaon panchayat office, on reaching Bagaribari on the PWD road, the Hero Honda motorcycle bearing registration No. AS-01-T-3544 driven in a rash and negligent manner, knocked him from backside and thus he sustained injuries on his person. As added by PW1 in his evidence, he was urgently taken to the Morigaon Civil Hospital and that considering his serious condition, the attending doctors referred him to Guwahati and accordingly, he took treatment at the Dispur Polyclinic and Nursing Home, Guwahati. As added by PW1 in his evidence he was the Secretary of the Mikirgaon Gaon Panchayat, that he Rs.7,800/- PM and that he was aged about 40 years at the relevant time of accident. 11. Although Arabinda Saikia(PW2), who is not an eye witness to the occurrence but who received information about his elder brother Prabin Saikia over telephone, corroborates PW1 that the injured was immediately taken to the Morigaon Civil Hospital and that considering his serious condition, he was admitted at Dispur Polyclinic Nursing Home. Contd...5/-

5 (5) 12. Dr. Ajit Kr. phukan(pw3),who examined the injured Prabin Saikia in the Medical Board on found intro trockamter fracture of the right femur leading to shortening of his concerned leg, following Road Traffic Accident and his degree of disability was 40%. Ext.59 is the application for obtaining identity card and Ext.60 is the list of members present in the Medical Board. 13. The accident information report(ext.1) reveals that Prabin Saikia, the claimant was involved in a motor vehicle accident at Bagaribari, Bhurbandha on at about 8-30 A.M. through the Hero Honda Splendour motorcycle bearing registration No.AS-01-T-3544, that Sahjahan Ali was the driver of the said motorcycle, that United India Insurance Co. Ltd., Jagiroad Branch(opp. party No.2) was the insurer of the said motorcycle vide policy No /31/06/01/ valid up to and that Md. Hedayat Ullah was the owner of the said motorcycle. 14. The discharge certificate(ext.2) from the Dispur Polyclinic and Nursing Home, Guwahati transpires that Prabin Saikia was admitted in the said Nursing Home due to communicated fracture intra trockamter of right femur. 15. Ext.3 is the salary certificate dated shows that the claimant Prabin Saikia, a provincialized Panchayat employee of Mikirgaon Gaon Panchayat, drew his net Rs.7,660/-PM. Contd...6/-

6 (6) 16. Ext.59 is the application made by the claimant Prabin Saikia for obtaining identity card, being disabled person. 17. In the written argument filed on behalf of the opp. party No.2, it is raised that documents exhibited in connection with this case are not proved in accordance with law. But on scrutiny of the materials on record, I do not find any substance in the submission of learned Advocate appearing for the opp. party No.2. Further, it is raised by the learned Advocate in written argument that the element of rash and negligent manner of on the part of the driver of Hero Honda motorcycle, is not proved in accordance with law. 18. I have perused the materials on record and more particularly, considering the evidence of claimant, I find that there appears nothing to show to the contrary. Considering the evidence of PW1, I am of the considered view that the element of rash and negligent manner of driving on the part of the driver of the motorcycle is very well proved and established in connection with this case. 19. In view of the above, I do not find any substance as raised by the learned Advocate of the opp. party No.2 in his written argument. 20. In the light of above discussions, it is reasonably held that the motor vehicle accident took place on at about 8-30 AM at Bagaribari, Bhurbandha due to rash and negligent manner of driving on the part of the driver of the Hero Honda motorcycle bearing registration No. AS-01-T Contd...7/-

7 (7) 21. Accordingly, the issue No.1 is decided as such in favour of the claimant. Issues No.2 and 3: 22. While discussing the Issue No.1, we have already found from the materials on record, as already discussed, that the offending vehicle bearing registration No. AS-01-T-3544 was insured under a valid policy with the United India Insurance Company Ltd.,Jagiroad Branch (opp. party No.2). There appears nothing to show to the contrary. 23. Thus, the claimant is entitled to get compensation from the opp. party No.2, i.e. the United India Insurance Co. Ltd., Guwahati under the law. 24. In the case of Oriental Insurance Co. Ltd. & others- Vs-Hingthangzuala & another reported in 2006(3) TAC 269(Gau) the Hon'ble Gauhati High Court relying on the decision of the Hon'ble Supreme Court in R.D. Hattangadi Vs Pest Control(India) Pvt. Ltd. and others reported in(1995) 1 SCC 551 held that while fixing the amount of compensation, payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those, which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those, which are incapable of being assessed by arithmetical calculations. Contd...8/-

8 (8) 25. From the above discussion, this Tribunal is of the view that the claimant of this case is entitled to get the compensation from the United India Insurance Co. Ltd. i.e. the opp. party No.2, as follows: A For pecuniary damages: B For special damages: 1.Medical expenses=rs.40,900/- For mental and physical shock 2.Conveyance =Rs.10,000/- arising from incapability of ru- 3.For pain and = Rs.25,000/- nning,walking etc. with loss of suffering amenities of life=rs.1,00,000/- Total Rs.75,900/- Total Rs.1,00,000/- Total A+B=(Rs.75,900+Rs.1,00,000)=Rs.1,75,900/-. (Rupees one lakh seventy-five thousands and nine hundred)only. O R D E R In the light of above discussions, the claim of the claimant Prabin Saikia is allowed on contest for an award of Rs.1,75,900/-(Rupees one lakh seventy-five thousands and nine hundred)only. The United Insurance Company Ltd.,Guwahati, i.e. the opp. party No.2 is directed to pay the said amount 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 of 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 company to pay the awarded amount within the stipulated time, as indicated above, an additional Contd...9/-

9 (9) 9% will be levied from the date of passing this judgment and order. Send a copy of this judgment and order to the opp. party No.2 for doing needful, in the light of directions passed in this judgment and order. Given under my hand and seal of this Tribunal today this the 26th day of September, Dictated & corrected by me. Member, MACT, Morigaon. Member, MACT, Morigaon....