In the Motor Accident Claims Tribunal, Kokrajhar. Present M. A. Choudhury. Member, MACT, Kokrajhar. MAC CASE NO 74 of 2011.

Transcription

1 1 In the Motor Accident Claims Tribunal, Present M. A. Choudhury. MAC CASE NO 74 of Md Iman Ali Claimant. Vs. 1. Bajaj Allianz General Insurance Co. Ltd. 2. Md Sahidul Islam. 3. Sri Jyotirmoy Roy Opp Parties. Advocates appeared in the case : Mr. A. R. Mandal, Advocate For the Claimant. Sri C. Nath, Advocate For the Opp Party no-1. Date of hearing Argument Date of delivery of Judgment JUDGMENT 1.This claim case arises out of a petition filed by the claimant Md Iman Ali under section 166 of the M.V. Act claiming compensation for the injuries sustained him in a motor vehicle accident dated involving vehicle no-as-17-b-1591 which was insured with Bajaj Allianz General Insurance Co. Ltd. 2.The facts giving rise to this case is that on at about 2-30 p.m., the claimant Md Iman Ali was going by the vehicle no-as-17/b from Chapar town towards Bangaldoba. The driver of the vehicle was driving the same in a rash and negligent manner. Suddenly, the driver of the vehicle lost control over the vehicle and the vehicle turned turtle on the road at Kazipara. As a result, the claimant sustained severe injuries upon his person.

2 2 3.The Opp Party no-1 Bajaj Allianz General Insurance Co. Ltd. contested the case by filing W.S. The Opp. Party nos-2 & 3 did not contest the case and the case was proceeded in-exparte against them. 4.The Opp Party no-1 Bajaj Allianz General Insurance Co. Ltd. in the W.S. besides denying all the averments made in the claim petition stated that the compensation claimed by the claimant is excessive, exaggerated and having no real basis. The Insurance Co. is not liable to pay any compensation until and unless, it is proved that the driver of the offending vehicle had the valid driving licence and the conditions of the Policy were not violated by the Opp Party insured. 5. Upon the pleadings of both sides, the following Issues were framed for adjudication : (I) Whether the claimant Md Iman Ali sustained injuries in the alleged motor vehicle accident dated involving vehicle no- AS-17/B-1591 and whether the said accident had taken place due to rash and negligent driving of the offending vehicle? (II) Whether the claimant is entitled to any compensation and if yes, to what extent and by whom amongst the Opp Parties, the said compensation amount will be payable? 6. To prove the case, the claimant side examined one witness. The Opp Party side examined no witness. Heard Argument from both sides. 7. Perused the materials on record and after consideration of the same, the Issues are decided as under : 8. ISSUE NO-I The claimant Md Iman Ali averred in the claim petition and also stated in his evidence that on at about 2-30 p.m., he was going by the vehicle no-as-17/b-1591 (Auto Rickshaw) from Chapar town towards Bangaldoba. The driver of the vehicle was driving the vehicle in a rash and negligent manner. Suddenly, the driver of the vehicle lost control over the vehicle and the vehicle turned turtle on the road at Kazipara. As a

3 3 result, he sustained grievous injuries upon his person. Soon after the accident, he was taken to Chapar Civil Hospital and treated there in. There after, he continued his treatment by the Doctor at Bongaigaon. He stated that after the accident, regarding the accident, a case was registered with Chapar Police Station which was numbered as Chapar P.S. Case No-271/2010, u/ss 279, 337, 338 IPC. The Police investigated the case and after the completion of investigation, submitted the charge sheet against the driver of the offending vehicle. He in his evidence specifically stated that the accident had taken place due to rash and negligent driving of the offending vehicle. In support of his oral evidence, he had proved the Accident Information Report as Ext-1, Injury Report as Ext-2, Medical Advice Slips as Ext-3(1) to Ext- 3(5), Cash Memos as Ext-4(1) to Ext-4(5). In fact, the evidence adduced by the claimant as regards the factum of accident involving the offending vehicle and sustaining of injuries by him remained unshaken in his crossexamination. The Opp Party side did not adduce any rebuttal evidence. Even the driver of the offending vehicle who had personal knowledge regarding the occurrence, opted not to face the case and avoided the witness box. In view of the above evidence of the claimant side and in the absence of any evidence contrary thereto, there can be no escape from the conclusion that the accident leading to the injuries sustained by the claimant had taken place due to rash and negligent driving of the offending vehicle. Hence, this Issue is decided in favour of the claimant side. 9. ISSUE NO-II In view of the discussion and decision made in Issue no-i, I am of the opinion that the claimant is entitled to compensation. The claimant has stated in his evidence that due to the accident, he had sustained fracture injuries on his 6 th and 7 th ribs on the left side of his chest and other injuries on his person. In support of the injuries sustained by the claimant, he has submitted before the Tribunal, the Injury Report being marked as Ext-2. On perusal of Ext-2, it is found that the claimant had sustained lacerated injuries upon his scalp, pain and swelling on the chest and right knee. In the Report, the Doctor stated that the X-ray was done and showed that the claimant had sustained fracture on his 6 th and 7 th rib on the left side of the chest. The learned advocate of Opp Party Insurer while crossexamining the claimant, did not deny the injuries sustained by the claimant. From the evidence adduced by the claimant before the Tribunal and the medical documents submitted before the Tribunal, it is found that the

4 4 claimant had sustained injuries. But, the injuries sustained by the claimant, had not caused any permanent disability to him. The claimant in his evidence stated that he had incurred an expenditure of Rs-20,000/- in his treatment. The claimant has submitted before the Tribunal medical advice slips and cash memos marked as Ext-3(1) to Ext-3(5), Ext-4 to Ext-4(5) respectively to show that he had underwent treatment for the injuries sustained by him in the road accident. Scrutiny of the medical documents submitted by the claimant, transpire that the claimant has incurred an expenditure of Rs-20,000/- in his treatment. From the case record, it is found that the claimant had not undergone treatment as indoor patient at any Hospital. The claimant underwent treatment at Bongaigaon. So, the claimant is entitled to some amount of incidental expenditure. The claimant is also entitled to some amount of non-pecuniary damages on account of pain, shock and suffering sustained by him due to the motor vehicle accident. Thus, having considered the nature of injuries sustained by the claimant and the expenditure incurred there upon and the facts and circumstances of the case, just and reasonable compensation to which the claimant is entitled to is assessed as under :- Medical expenditures Rs-20, Incidental expenditures Rs- 5, Pain, shock and suffering Rs- 20, Total Rs-45, The offending vehicle was insured with Opp Party no-1 Bajaj Allianz General Insurance Co. Ltd. was not in dispute. As such, the Opp Party no-1 Bajaj Allianz General Insurance Co. Ltd. is to satisfy the award. 10. AWARD Rs-45, (Rupees forty five thousand only) is awarded as compensation to the claimant with 6% p.a. from the date of filing of the claim petition till payment. The Opp Party no-1 Bajaj Allainz General Insurance Co. Ltd. is directed to pay the award to the claimant with in one month from the date of this order. The amount, if any, paid as no fault liability, shall be adjusted.

5 5 11. Free copy of the Judgment be given to the both sides forthwith. 12. Given under my hand and the seal of this court on this the 9 th day of January, Typed by (M. A. Choudhury) (M. A. Choudhury) APPENDIX WITNESSES EXAMINED BY THE CLAIMANT SIDE: P.W.1- Md Iman Ali, the claimant of the case. WITNESSES EXAMINED BY THE O.P. SIDE: Nil. DOCUMENTS PRODUCED IN THE CASE: Ext-1- Accident Information Report. Ext-2- Injury Report. Ext-3 Series- Medical Advice Slips. Ext-4 Series- Cash Memos. M. A. Choudhury. Member, M.A.C.T., ****************************