J U D G M E N T IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL : LAKHIMPUR ; AT NORTH LAKHIMPUR. M.A.C.T. Case No.36/2009.

Transcription

1 1 IN THE COURT OF MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL : LAKHIMPUR ; AT NORTH LAKHIMPUR. M.A.C.T. Case No.36/2009. P A R T I E S Smti Gitanjali Bora.... Claimant. Versus- 1. Sri Dipak Mahanta. S/O Nagen Ch. Mahanta. R/O No.2 Rangajan. PS Bihpuria. Dist. Lakhimpur. (Owner). 2. Sri Arunav Gogoi. S/O Sri Probin Gogoi. R/O Ambikagiri Nagar. Zoo Road, Guwahati. ( Driver ). 3. New India Assurance Co. Ltd. Tezpur Branch, Tezpur. Dist. Sonitpur.... Opposite Parties. PRESENT : Sri P.K.Khanikar, A P P E A R A N C E Sri A.Bora & Sri J.Kakati, the learned Advocates for the claimant. Sri Gautam Sarkar, the learned Advocate for the OP Nos.1 and 2. Sri R.Gogoi, the learned Advocate for the OP No.3, NIA Co. Ltd. Date of argument : Date of Judgment : J U D G M E N T 1. This Motor accident claim case has arisen out of an application submitted by claimant, Smti Gitanjali Bora under Sec. 140/ 166 of the M.V. Act, 1988, claiming compensation to the extent of Rs.1,20,000/- only, for the injury sustained by her in a road traffic accident that took place on at about 3.30 Pm, near Bihpuria Post Office under Bihpuria Police Station.

2 2 2. The case of the claimant, in brief, is that on at about 3.30 Pm, while she was proceeding towards Laholial, Bihpuria alongwith her husband, Sri Mohan Bora and their daughter, Smti Tulika Bora on foot, an Alto car bearing registration No.AS.12.C/ 6341 being driven by its driver in rash and negligent manner, first knocked down one Gopal Khan and thereafter hit her from the back side, and again the Alto car hit one Ramjan Ali. As a result of the accident, the claimant sustained grievous injuries on her person, for which she had to undergo medical treatment at North Lakhimpur Civil Hospital from to , and hence the claim for compensation. 3. OP No.1 and OP No.2, the owner and driver respectively of the Alto car bearing registration No. AS.12.C/6341, and the OP No.3, the insurer of the said vehicle, New India Assurance Co. Ltd. contested the claim of the claimant by filing individual Written statements. 4. OP Nos.1 and 2, in their joint Written Statement, denied the narration made in the claim Petition relating to the manner in which the accident stated to have taken place. The answering OPs also denied the rash and negligent driving on the part of the driver of the Alto car at the time of accident. Hence, the answering OPs pray to exonerate them from the liability of paying any compensation to the claimant. 5. OP No.3, the New India Assurance Company Ltd. denied the narration made in the claim application relating to the manner in which the accident described to have taken place. OP No.3 also prays to exonerate them from the liability of paying any compensation to the claimant. 6. On pleadings of the parties, the following issues were framed : 1) Whether the accident took place due to rash and negligent driving of the vehicles bearing registration No.AS.12.C/6341 (Alto car) causing injury to Smti Gitanjali Bora? 2) Whether the claimant is entitled to get any compensation as prayed for? 3) What other relief/ reliefs the parties are entitled to?

3 3 7. In course of hearing, the Claimant side examined herself and her husband, who were cross examined on behalf of OP No.3. Certain documents were also exhibited by the Claimant in support of the claim. None was examined on behalf of the Opposite Parties. 8. I have heard the argument of the learned advocates for the claimant and the OP No.3, Insurance Company, and also I have perused the evidence available with the case record. 9. To dispose of the claim, the following issue-wise discussion is taken up for just decision of the case. ISSUE NO.1 : 10. From the deposition of PW.1, Claimant/ injured, Smti Gitanjali Bora, it appears that on , she was proceeding towards Laholial, Bihpuria alongwith her husband, Sri Mohan Das (PW.2) and their daughter, Smti Tulika Bora on foot from Bihpuria. PW.1 and PW.2 deposed that while they reached near Bihpuria Post Office, a Alto car bearing registration No.AS.12.C/6341 on being driven by its driver in rash and negligent manner knocked a person first, and then hit the claimant/ injured from behind, and as a result, she fell down on the ground and became senseless. To them, immediately after the accident, the claimant/ injured was taken to Bihpuria hospital, but as per advice of the doctor of Bihpuria hospital, she was shifted to North Lakhimpur Civil Hospital, where she had to undergo medical treatment from to They further deposed that due to rash and negligent driving of the Alto car in question, the accident occurred. To them, prior to hitting the claimant/ injured, the Alto car knocked down one person and after hitting the claimant/ injured, it also dashed another person on the road. During cross examination, the OP side failed to shake the credibility of these witnesses. Accordingly, there remains no doubt that the accident occurred due to rash and negligent driving of the Alto car bearing registration No.AS.12.C/6341 by its driver (OP No.2) causing grievous injuries to the claimant, Smti Gitanjali Bora. Thus, Issue No.1 is answered in the affirmative.

4 4 ISSUE Nos.2 and Both these issues are taken up together for consideration for the sake of convenience and brevity. 12. From the testimony of PW.1, Claimant/ injured, Smti Gitanjali Bora, it appears that she sustained head injury in that accident. Ext.3, Discharge Certificate issued by Bihpuria PHC and the Discharge Certificate issued by North Lakhimpur Civil Hospital, reflects that the claimant/ injured had to undergo medical treatment on at Bihpuria PHC and from to at N.L. Civil Hospital for her head injury. Ext.4, CT Scan Report, Ext.5 and Ext.6, X-Ray Reports of the claimant/ injured do not reflect any serious injury on her head. Thus, from the above exhibited documents together with Ext.1, Accident Informant Report in Form-54, it appears that the injured sustained injuries as a result of the road traffic accident that took place on near Bihpuria Post Office, Bihpuria, and she had to undergo medical treatment for the injuries sustained in Bihpuria PHC on , and from to at North Lakhimpur Civil Hospital. Keeping in view the nature of injuries sustained by the injured, it can be safely guessed that she was not in a position to pursue her avocation for a period of about One month. 13. From the exhibited vouchers and cash memos, it appears that the injured had to spend an amount of Rs.10,641/- only, for her treatment and to purchase medicines including conveyance expenses, which can be rounded up to Rs.11,000/- only, to which the claimant/ injured is entitled to be reimbursed. 14. The claimant/ injured is also entitled to get an amount of Rs.5,000/- only on the head of 'Pain & sufferings'. 15. Thus, the claimant is found entitled to get an amount of Rs.16,000/- (Rupees Sixteen Thousand) only, as compensation for the injuries sustained by her in a road traffic accident that took place on at about 3.30 Pm near Bihpuria Post Office under Bihpuria Police Station.

5 5 16. Thus, the OP Nos.1, 2 and 3 being the owner, driver and insurer respectively of the offending vehicle bearing registration No.AS.12.C/6341 are jointly as well as severally liable to make payment of the amount of compensation found due to the claimant. 17. Accordingly, both these issues are answered in affirmative. O R D E R 17. In view of my decision arrived at on the issues, the OP No.3, New India Assurance Company Ltd., admittedly, being the insurer of the Alto car bearing registration No.AS.12.C/6341, is directed to make payment of Rs.16,000/- ( Rupees Sixteen Thousand ) only, as compensation to the claimant within a period of two months from the date of this award, failing which 6% p.a will accrue to the awarded amount. 18. This MACT case stands disposed of, accordingly. 19. Both the parties will bear their respective costs. Let a copy of this Judgment be forwarded to the OP No.3 for compliance. Given under my hand and seal of this Tribunal on this 14 th day of December, Dictated & corrected by me - (P.K.Khanikar) (P.K.Khanikar) Transcribed & typed by- S.Kshattry, Stenographer.