IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT. Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam

Transcription

1 Page 1 IN THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, GOLAGHAT PRESENT: Smti. I. Barman, A.J.S. Member, Motor Accident Claims Tribunal, Golaghat, Assam MAC CASE NO.133/2009 (Under Section 166 of the MV Act) MD. EAQUB YAKUB S/O Late Muhibur Rahman Vill-Ukha Goranga, No. 2 Fesual Gaon, P.O. Baruagaon, District : Golaghat, Assam. Claimant - VERSUS 1. SRI KARUNA BARUAH W/O Late Duttaram Baruah, R/O Balijan Chariali, P.O-Baruagoan Dist-Golaghat, Assam (Owner of Scooter No AS-05/8102) 2. SRI BHARAT CHUTIA S/O Sri Hilim Chutia, Vill- No. 1 Teteliguri, P.O-Merapani Dist- Golaghat, Assam. (Driver of Scooter No AS-05/8102) Opp. Parties

2 Page 2 Advocate for the claimant : J. Rahman. Date of Argument : Date of Judgment : J U D G M E N T 1. This claim case arose out of a petition filed u/s 166 of the Motor Vehicle Act, (M.V.A. in short), by the claimant Md. Eaqub Yakub claiming compensation from the opposite parties on account of injuries sustained by him in a Motor Vehicle Accident. 2. The case of the claimant in brief is that on at about 7.00 P.M, the injured/claimant was proceeding from home to Goranga Tiniali on foot along the extreme left hand side of Golaghat- Merapani road and on his reaching near Assam Gramin Bikash Bank, Ghiladhari Branch, a scooter bearing Registration No. AS-05/8102 coming from back side without lighting the head lamp knocked down the claimant with great force. As a result of the accident the claimant sustained injuries. Immediately, after the accident the injured was taken to K. K. Civil Hospital, Golaghat and treated there as indoor patient for a daywherefrom the injured was referred to Dibrugarh. Accordingly he was admitted at Sanjivani Diagnostics & Hospital, Dibrugarh and treated there as indoor patient for two days i.e. from to It is mentioned that the accident took place due to rash and negligent driving of the driver of LML Scooter No. AS-05/8102 and with regard to the accident, Ghiladhari P.S. case No. 47/09 (G.R. No. 783/09) u/s 279/338 of IPC was registered against the driver. Hence claimed Rs.3,00,000/- from the opposite parties as compensation. 3. In spite of receipt of notice, opposite party No. 1 and 2 the owner and driver respectively of the Scooter No. AS-05/8102 did not contest the case and hence the case was proceeded ex-parte against them. 4. On the pleadings of the claimant, the following issues are framed for adjudication of the case:

3 Page 3 i) Whether the claimant Eaqub Ahmed sustained injuries in the alleged road accident dated involving the scooter No AS-05/8102and whether the said accident took place due to rash and negligent driving of the driver of the said scooter? ii) Whether the claimant is entitled to get any compensation? If so, what would be the amount of compensation and from whom? 5. In course of hearing, the claimant side has examined himself by filing evidence on affidavit. 6. I have heard argument on the side of the claimantand carefully gone through the evidence of record. My findings in respect of the above noted issues, in view of the evidence on record and in the light of the submission of the learned counsel are as follows. 7. Issue No. (i) The claimant Md. Eaqub Ahmed alias Yakub has averred in the claim petition and also stated in evidence as CW-1 that on at about 7.00 P.M, the injured/claimant was proceeding from home to Goranga Tiniali on foot along the extreme left hand side of Golaghat- Merapani road and on his reaching near Assam Gramin Bikash Bank, Ghiladhari Branch, a scooter bearing Registration No. AS-05/8102 coming from back side without lighting the head lamp knocked down the claimant with great force as a result of which he sustained injuries. He further stated that after the accident the injured was taken to K. K. Civil Hospital, Golaghat and treated there as indoor patient for a day wherefrom he was referred to Dibrugarh. Accordingly he was admitted at Sanjivani Hospital, Dibrugarh and treated there as indoor patient for two days i.e. from to He clearly stated that the accident took place due to rash and negligent driving of the driver of LML Scooter No. AS-05/8102 and with regard to the accident Ghiladhari P.S. case No. 47/09 (G.R. No. 783/09) u/s 279/338 of IPC was registered against the driver. In support of the evidence

4 Page 4 he provedthe Accident Report as Ext.1, certified copy of F.I.R as Ext. 2, discharge slip dated of K.K. Civil Hospital, Golaghat as Ext. 3, Discharge certificate dated of Sanjivani Hospital as Ext. 4, injury certificate as Ext- 5, X-ray report for left hip joint as Ext. 6, X-ray report for pelvis as Ext. 7, X-ray report of cervical spine as Ext-8, refusal of notice by O.P No. 1 as Ext. 9, refusal of notice by O.P No. 2 as Ext.10, medical expenditure statement as Ext. 11 and X-ray films as Ext From the evidence of C.W.1 and other documents proved in this case, it reveals that the claimant sustained injury due to the motor vehicle accident occurred on The Accident Report Ext.1 issued by Ghiladhari P.S. also shows that on at 7.00P.M. the accident took place near Assam Gramin Bikash Bank, Ghiladhari, involving the LML scooter bearing No AS- 05/8102 showing Md. Eakub Ahmed alias Yakub the present claimant as injured. He also clearly stated that while he was walking from his home to Goranga Tiniali along the extreme left hand side of the road, the offending scooter knocked him from back side as a result of which he sustained injuries. The claimant also stated that the accident took place due to rash and negligent driving of the driver of the offending LML scooter. From the evidence of C.W.1 it appears to me that there was rash and negligence on the part of the driver of LML scooter No AS- 05/8102.The opposite parties did not contest the case.thus from the evidence of the injured both oral and documentary and in absence of any legal evidence, contrary thereto, I am of the opinion that the accident took place solely due to rash and negligent driving of the driver of the offending LML scooter No. AS- 05/8102 and the claimant sustained injury in the said accident occurred on at about 7.00 P.M. Accordingly, this issue is decided in favour of the claimant. 9. Issue No. (ii): This issue relates to the entitlement of the claimant for compensation and extent thereof as well as liability of the opposite party to pay compensation.

5 Page In view of the forgoing discussion, I am of the opinion that the claimant is entitled to get compensation. The claimant in his evidence stated that he sustained Avulsion fracture of left hip, scalp injury over parietal region, Multiple abrasions over chest, cervical spine Degenerative changes and after the accident he was taken to K. K. Civil Hospital, Golaghat and treated there as indoor patient for a day wherefrom he was taken to Dibrugarh. Thereafter the injured was admitted at Sanjivani Hospital, Dibrugarh as indoor patient for two days i.e. from to The claimant further stated that he incurred an expenditure of Rs. 50,000/- (Rupees Fifty Thousand) towards his treatment. But he submitted cash memos and bills worth of Rs. 18, say Rs. 18,700/-. As such the claimant is entitled to get this amount as medical expenses. Moreover, the discharge certificate proved as Ext. 3 and Ext. 4 shows that the injured was admitted at K. K. Civil Hospital, Golaghat on and discharged on and thereafter he was admitted at Sanjivani Hospital, Dibrugarh on and discharged on The injured also sustained fracture injury. So pain and suffering is there and he must have incurred some miscellaneous expenses during his treatment. Therefore the following amount will be just and reasonable that the claimant is entitled to: Medical expenses : Rs. 18, Pain and suffering : Rs. 11, Miscellaneous expenses : Rs. 5, Total : Rs. 34, (Rounded off to Rupees Thirty Four Thousand Seven Hundred only). The accident report shows that the offending scooter was not insured at the time of alleged accident. Therefore the opposite party No. 1 and 2 the owner and driver of the offending vehicle are liable to pay the compensation to the claimant for the injury sustained by him.

6 Page 6 O R D E R 11. In the result the claim petition is allowed on contest. Claimant is awarded a total compensation of Rs. 34, (Rupees Thirty Four Thousand Seven Hundred only) for the injuries sustained by him in the motor vehicle accident. The amount of compensation shall carry an 6% per annum from the date of filing of the claim petition i.e. from till its realization. The Opp. Party 1 and 2 are directed to pay the amount within the period of 60 days from today i.e including the interest thereon as mentioned above. 12. Send a copy of the judgment to the Opposite party No. 1 and 2 for information and necessary action. 13. Given under my hand and seal of this court on this 26 th day of February, 2015 at Golaghat. Dictated & corrected by me. Member, Motor Accidents Claims Tribunal Golaghat. Member, Motor Accidents Claims Tribunal Golaghat...