IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR: TEZPUR. MAC Case No. 147 of 2013

Transcription

1 IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL SONITPUR: TEZPUR MAC Case No. 147 of 2013 Smti. Manjira Baruah D/o: Sri Prasanta Baruah R/o: Dhalaibil Center, P.O: Naharbari P.S.: Jamuguri Dist: Sonitpur, Assam... Claimant 1) Smti. Protima Das W/o: Late Dina Kanta Das Vill: Diputa, PO: Diputa P.S: Tezpur, District: Sonitpur, Assam 2) Sri Rupak Das S/o Sri D. Das Vill : Parbatia, PO & P.S: Tezpur District: Sonitpur, Assam -Versus- 3) The United India Insurance Co Ltd. Tezpur Branch, Tezpur District: Sonitpur, Assam.... Opp Party Advocate for the claimant : Sri D. Hazarika Advocate for OP No.1 & 2 : Exparte Advocate for OP No.3 : Sri S.K. Singh Present Ms. A. Ajitsaria, AJS, Member, Motor Accidents Claim Tribunal /Addl District Judge No.2, Sonitpur, Tezpur Date of Argument : Date of Judgment : Page 1 of 5

2 J U D G M E N T Claimant, Manjira Baruah has instituted the present claim praying for award of compensation, on account of injuries sustained by her in a road accident on The The brief case of the claimant is that on the said day at about 3 PM while the claimant was going from Biswanath Chariali to Tezpur in the 709 Bus bearing registration No. AS-12D-0912, as a passenger, the said bus crossed the Giyabharali Bridge and knocked against a roadside tree. The claimant stated that she sustained grevious injuries in the said accident. The claimant has stated that she was immediately taken to Kanaklata Civil Hospital, Tezpur and thereafter Skylark Hospital & Research Centre, Tezpur. The Opposite party No.1 and Opposite party No. 2, owner and driver of the 709 Bus No. AS-12D-0912 did not participate in the proceeding and hence the case proceeded ex-parte against them. The OP Nos. 3, insurer of 709 Bus No. AS-12D-0912 vide Policy No P valid upto , in its written statement denied all material averments of the claim petition and pleaded inter-alia that the amount of compensation claimed by the claimant is highly exaggerated and speculative. That the insurer is not liable to pay any compensation until and unless it is proved that the driver of the offending vehicle had valid driving licence and the conditions of Insurance Policy was not violated by the insured. The issues involved are as to whether the accident occurred due to rash and negligent driving by the OP No 2, vehicle/ 709 Bus No. AS-12D-0912 and who amongst the opposite parties are liable to compensation, if any? Page 2 of 5

3 During enquiry, the claimant examined herself as claimant No. 1 and she was cross-examined by the OP No. 3. The contesting respondent, however, declined to adduce any evidence. I have carefully perused the entire materials brought on record, heard submissions made by the learned counsels for the parties. The claimant has averred in the petition and also stated in her evidence that she along with her sister Smti. Bandana Baruah and her friend Suchitra Sarmah were travelling in the 709 Bus No. AS-12D-0912, as passenger. When the said vehicle crossed Giyabharali Bridge, the bus dashed against a roadside tree, resulting in injuries to the passengers, including herself. The claimant has specifically deposed that accident occurred because of the driver of the 709 Bus No. AS-12D-0912 as the said bus was driven by the OP No.2 in a negligent manner. Claimant Witness No. 1 deposed that she sustained grevious injuries and was admitted at Kanaklata Civil Hospital and thereafter Skylark Hospital & Research Center, Tezpur. In support of the oral evidence, the claimant has proved the Accident Information Report as Ext 1, Medical documents as Ext 2 to 6, Cash Memos Ext 7 to 18, Copy of FIR as Annexure 1 to 1(2). In crossexamination, CW 1 stated that her right clavicle was fractured. Ext 1 is the Accident Information Report which shows that 709 Bus No. AS- 12D-0912 was involved in an accident in which the claimant sustained injuries. On the basis of the said accident, Chariduar PS Case No. 13/13 was registered. It has been recorded in Ext 1 that the said 709 Bus No. AS-12D-0912 was duly insured with the OP No. 3. In the said Ext 1, it has been reflected that the driver of the bus had a valid driving licence being DL No. AS valid upto From the evidence adduced, it is established that 709 Bus No. AS-12D was involved in an accident in which the claimant sustained injuries. Thus, Page 3 of 5

4 the oral evidence of the claimant, coupled with the documentary evidence mentioned above, establishes that claimant sustained injuries in the motor vehicle accident, due to rash and negligent driving of the offending 709 Bus No. AS-12D That the said bus, was insured with the opposite party, the United India Insurance Co Ltd, is not in dispute. compensation. In view of the discussion aforesaid, the claimant is held entitled to Claimant has proved various medical documents. Ex- 2 is the Discharge Certificate of Kanaklata Civil Hospital which shows that the claimant was admitted on and discharged on Ext 6 is the Discharge Summary of Skylark Hospital & Research Center, Tezpur which shows that the claimant was admitted on , diagnosed to have suffered multiple laceration, fracture of right clavicle. Ext 6 the Discharge Certificate of Skylark Hospital shows that the claimant was admitted on and discharged on , she was treated for fracture of right clavicle, wound debridement repair, splintage and adviced to report for review after one week. The claimant has exhibited vouchers amounting to Rs. 29,039/-. Claimant is held to be entitled to the said amount. Since the claimant was hospitalized for about nine days and thereafter continued her treatment, reasonable amount on the count of incidental expences towards special diet/attendance is to be awarded. Besides the pecuniary damages claimant is also entitled to some amount of non-pecuniary damages on account of pain, shock and suffering. Thus, having considered the nature of injury sustained by the injured, expenditure incurred thereof and the facts and circumstances of the case, just and reasonable compensation to which the claimant would be entitled in the instant case is assessed as under :- Page 4 of 5

5 Medical expences : 29, Incidental expences towards special diet, attendant etc : 5, Pain, shock and suffering 20, Total : 54, (Rounded off Rs. 54,050/- only) Evidently, 709 Bus No. AS-12D-0912 was insured with the United India Insurance Co Ltd, the O.P. No.3. Hence, OP No. 3, is liable to indemnify the owner of the vehicle and satisfy the award. A W A R D Rs. 54,050/- (Fifty four thousand and fifty only) is awarded with 7.5 % p.a. from the date of filing the claim petition, i. e , till payment. The opposite party No. 3, the United India Insurance Co Ltd, is directed to pay the award to the claimant, within one month from the date of order. Judgment is pronounced in open court, written on separate sheets and enclosed with the case record Given under my hand & seal of this Court on this 20 th day of February, Member Motor Accident Claims Tribunal /Addl District Judge No.2 Sonitpur,Tezpur Page 5 of 5