BEFORE THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL:GOALPARA. M.A.C. Case No. 296/08 Sri Bhupen Ch. Barman. -Vs-

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1 BEFORE THE MEMBER MOTOR ACCIDENT CLAIMS Present: Mr. V.K.Chandak,A.J.S, Member M.A.C.T., Goalpara TRIBUNAL:GOALPARA M.A.C. Case No. 296/08 Sri Bhupen Ch. Barman -Vs- 1. The Divisional Manager, Oriental Insurance Co. Ltd. Bongaigaon Division, Bongaigaon. 2. Nur Nabi S/o. Late Surat Zamal Nayapara, Ward No. 4 P.S. & Dist. Goalpara (Assam) the vehicle.... Claimant... Insurer of the vehicle.... Owner cum Driver of... Opp. Party. Ld. Advocates appeared: Sri Sk. M. Hussain... For the claimant. Smt. S.Dey Boro... For the O/P No. 1. Date of Evidence : 03/06/14. Date of Argument : 03/06/14 and 12/06/14. Date of Judgment : 12/06/14. JUDGMENT & ORDER 1. This is a claim proceeding initiated by the claimant namely Sri Bhupen Chandra Barman, S/o. Late Naresh Ch. Barman, residing at Vill. Hatugaon, P.O. Dhamar, P.S. Lakhipur, Dist. Goalpara (Assam), who has claimed for grant of compensation, on account of injuries, sustained by him, in a motor vehicular accident, which occurred on 18/11/2007 at about 6.00 p.m. at Jurigaon on Agia- Lakhipur road, on N.H. 37,near Rangsai Police Out Post under Goalpara District, caused by vehicle No ML-07/A-0777 (Motor Bike). 2. The aforesaid vehicle was insured with Opp. Party No. 1 i.e., Oriental Insurance Co. Ltd., Bongaigaon Division, Bongaigaon, under

2 Police No /2008/554, Valid Up to : Mid Night on 01/05/ Opp. Party No. 2 Nur Nabi, S/o. Late Surat Zamal, Nayapara, Ward No. 4, P.S. & Dist. Goalpara (Assam) was the owner cum driver of the offending vehicle No. ML-07-A/0777 (Motorbike). 4. In this regard Rongsai Police Out Post under Lakhipur Police Station recorded its GDE No. 192 dtd 13/01/08 as per Accident Information Report (Ext.1), claim petition and Extract copy of GDE. 5. The Opp. Party No. 2 (owner cum driver)of the vehicle did not appear in this proceeding. 6. While Opp. Party No. 1, i.e. Oriental Insurance Co. Ltd. contested this proceeding by filling a written statement, wherein, it was contended that there is no cause of action for the claimant against the answering Opp. Party. That the claim is bad for non-compliance of u/s 134 (a), (b), (c) of the M.V. (Amendment) Act It denied the alleged accident and put the claimant to the strict proof thereof. That the liability of the Opp. Party if any is subject to the terms and conditions and limitation as specified in the policy of Insurance and compliance with 64 VB of the Insurance Act. O/P No. 1 also denied that the claimant sustained injuries by alleged Motor Cycle No. ML-07/A The claimant filed this claim petition only for wrongful gain against the Opp. Party. It took the plea that the company is not legally liable to pay any sort of compensation, whatsoever, to the claimant if the terms and conditions of the policy is violated by the insured. The age, occupation and income of the claimant has been denied by the Opp. Party. It further disputed the claim of expenditure as well as amount of compensation as fantastically excessive, imaginary without any material basis. 7. Consequent upon the pleadings and the materials on record, the following issues were settled for determination. (i) Whether the accident took place due to rash and negligent driving by the driver of the vehicle No. ML-07-A/0777 (Motorbike)?

3 (ii) Whether the claimant is entitled to get any compensation if yes, what should be just compensation? (iii) pay compensation? Whether the Insurance Company or the owner is liable to 8. In this proceeding, the claimant examined himself in support of the claim and exhibited some documents. No rebuttal evidence is led from the side of Opp. Party. 9. I have heard the argument placed by Ld Counsel of both side. I have perused the evidence on record and come to the following decision. As all the issue are inter-related and inseparable, in nature hence they are taken together for discussion simultaneously, at one go, for the sake of convenience. Determination of issue No. : 1,2 & The claimant Sri Bhupen Ch. Barman (P/W-1) deposed in his evidence that on 18/11/07 at about 6.00 p.m. he was proceeding from Rongsai towards Hatogaon in his bicycle. On reaching at Jurigaon the vehicle bearing registration No. ML-07-A/0777 (Motorbike) knocked him from back side due to rash and negligent driving by the driver of the vehicle. As a result he along with his bicycle fell down on the road and sustained grievous injury on his person. Local people immediately brought him to Lakhipur P.H.C., where he was referred to Goalpara Civil Hospital due to his serious injury. The claimant was further treated at Life Care Hospital and Seven Sister Medial Hospital, Goalpara. As a result of this accident the claimant sustained fracture of patella of his left leg knee and in unable to bond his knee, as before. The claimant clearly stated that the accident occurred due to fault of driver of the vehicle. 11. The claimant also deposed that he allegedly incurred Rs. 50,000/- in his treatment and has claimed for compensation of Rs. 6,20,000/- from O/P No.1. The claimant further deposed that he used to earn Rs. 6000/- per month by doing business and private tuition.

4 12. The following documents were submitted and exhibited by the claimant P/W-1. Accident Information Report (Ext.1); Discharge certificate of Life Care Hospital,Goalpara and Seven Sister Medical Service Ltd, Goalpara (Ext.2 & 3) ; X-ray Report (Ext. 4 to 5), Blood Report (Ext. 6 & 7), Urine Report (Ext.8), E.C.G. Report (Ext.9), Prescriptions (Ext. 10 to 17), Vouchers (Ext. 18 to 25)and X-ray plates (Ext.26 to 29). 13. Accident Information Report (Ext.1) and other medical documents shows the name of injured. It confirms the occurrence of accident on the date, time and place stated by the injured in his evidence who took treatment after the incident at Life Care Hospital, Solace Hospital and Seven Sister Medical Service Ltd., Goalpara for the injury sustained by him after the incident. 14. Though a claim is laid that as a result of this accident,the claimant suffered permanent injury on his person; but no convincing evidence is led on that score specifically to prove his injury. Be that it as it may be, the fact remains that the claimant suffered fracture injury of his left knee patella, as a result of this accident. No disability certificate issued by competent authority has been produced by the claimant. Hence I hold that claimant is entitled to get compensation, as said, herein below. 15. The claimant (PW-1) clearly stated in his claim petition, that he used to earn Rs. 6,000/- per month. Regarding his monthly income the claimant has failed to submit any document, to prove his monthly income by producing income certificate or any other related document. Under the facts and circumstances, I hold that, the monthly income of the claimant, would have been at best Rs. 4000/- per month as the accident took place in the year Accordingly a sum of Rs x 3 Months=Rs. 12,000/-is awarded as compensation, for loss of income for three months to the claimant. As during that period he might not have been able to earn

5 income, as a result of the accident. 17. From the submitted medical vouchers and cash memos an amount of Rs /- or Rs. 15,000/- (rounded figure) has been assessed under the pecuniary head for the injury sustained by this accident. 18. An amount of Rs. 20,000/- is awarded for the pain, suffering and trauma for the injuries sustained by the injured including loss of amenities of life. 19. An additional amount of Rs. 10,000/- is hereby assessed and awarded to the claimant towards cost of litigation, conveyance allowance,attendance expenses and other miscellaneous expenditures. 20. Upon final computation,total compensation amount is assessed at Rs. 12,000+15,000+20,000+10,000=57,000/- (Rupees Fifty Seven Thousand) only to the claimant. This is the amount the injured/ claimant is entitled to get as just compensation from Opp. Party No. 1. ORDER In the result, the claim petition is partly allowed. The total amount of compensation as computed on different heads to the tune of Rs. 12,000+15,000+20,000+10,000=57,000/- (Rupees Fifty Seven Thousand) only is awarded to the claimant namely Sri Bhupen Ch. Barman for sustaining injuries in this accident from O/P No.1. Opp. Party No. 1 i.e., Oriental Insurance Co. Ltd., shall pay the amount of compensation with simple 5% p.a. from the date of filing the claim petition i.e., from 12/09/08 within 60 days from the date of this order till the date of payment, in full. Failure to make the payment of compensation amount, within this stipulated period, will carry an enhanced interest 6% p.a. on the awarded compensation amount till final payment.

6 June, Given under my hand and seal of this court on this 12 th day of Dictated & Corrected by me Member, Motor Accident Claims Tribunal, Goalpara Member, Motor Accident Claims Tribunal, Goalpara.