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. 48/2010

(Under Section 166of the MV Act)

SRI BHUPEN DAS

S/o Late Guneswar Das,
Vill- Dakhin Dolijulia Gaon,
P.O. - Danichapori
P.S-Dergaon
Dist-Golaghat, Assam
……. Claimant

- VERSUS –

1. SRI NIREN DAS,

S/o, Late Guneswar Das,
Vill- Dakhin Dolijulia Gaon,
P.S.-Dergaon,
Dist-Golaghat, Assam
(Owner of Motor Cycle No. AS-03-F-7433)

2. SRI LANKESWAR DAS,

S/o, Sarupai Das,
Vill-Dakhin Dolijulia Gaon,
P.S.-Dergaon,
Dist-Golaghat, Assam
(Driver of Motor Cycle No. AS-03-F-7433)
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3. THE BRANCH MANAGER,

The Oriental Insurance Co. Ltd.,
Gar Ali, Jorhat Branch.
Policy No. 322102/31/2010/2482
Valid from 14.07.2009 to 13.07.2010
(Insurer of Motor Cycle No. AS-03-F-7433)

……Opp.Parties

Advocate for the claimant : J.J. Baksh

Advocate for the O/P No.3 : P. Singh

Date of Argument : 20.01.15

Date of Judgment : 30.01.15

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 Sri Bhupen Das
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 09.09.2009 at

about 11.30 A.M claimant Sri Bhupen Das was travelling by the
motorcycle bearing Registration No AS-03/F-7433 as pillion rider
from Rangamati towards Dergaon side driven by Sri Lankeswar Das
 PAGE 3

and on their reaching Dadhara Chariali, the said motorcycle knocked

down one lady and after hitting the lady the motorcycle dashed the
electric post. As a result of which, the said motorcycle got badly
damaged and the driver and pedestrian sustained injuries. The
claimant sustained fracture of left humorous, soft tissue injuries, head
injuries and chest injuries. It is further stated that after the accident
the injured/claimant was taken to nearby Dergaon C.H.C. and
thereafter he was taken to Sanjivani Hospital, Jorhat, wherein he was
treated as indoor patient. Later on he took treatment under Dr. S.N.
Hussain, K.K. Civil Hospital, Golaghat. It is also mentioned that the
claimant/injured is a business man and earned Rs. 8000/- (Rupees
eight thousand) per month. But he is unable to attend his job due to
fracture of left humorous. It is alleged that the accident took place due
to rash and negligent driving of the driver of the aforesaid motorcycle
and Dergaon police registered the criminal case against the driver of
vehicle No AS-03-F-7433 being Dergaon P.S. case No. 106/2009 u/s
279/338 of IPC. Hence claimed Rs.1,50,000/-from the opposite party
as compensation.

3. On receipt of notice, opposite party No. 1 the owner of

Motorcycle No. AS-03/F-7433 by filing written statement pleaded
that the claim petition is not maintainable and submitted that vehicle
No. AS-03-F-7433 (motorcycle) was duly insured with The Oriental
Insurance Co. Ltd. bearing policy No. 322102/31/2010/2482 valid
 PAGE 4

from 14.07.2009 to 13.07.2010. The said policy is a package policy

covering the risk of the pillion rider and the driver of the motorcycle
also possessed valid driving license and as such Insurance Company
is liable to pay, if any. The answering opposite party denying the rash
and negligent driving on the part of the driver of motorcycle No AS-
03-F-7433 put the claimant to make strictest proof with regard to the
alleged accident, age and income of the injured, injury report etc. and
submits that the claimant’s claim is excessive and without material
basis. In this premise, the answering opposite party prayed to dismiss
the claim petition. In spite of receipt of notice opposite party No. 2 the
driver of the motorcycle No AS-03/F-7433 did not contest the case
and accordingly the case against him was proceeded ex-parte.

4. On due service of notice, the opposite party No.3, Oriental

Insurance Co. Ltd. the insurer of Motorcycle No. AS-03/F-7433
entered its appearance and by filing written statement contended
inter alia that the claim petition is not maintainable and there is no
cause of action to file the claim petition. Denying the rash and
negligent driving on the part of the driver of Motorcycle No AS-03/F-
7433, this answering opposite party put the claimant to make
strictest proof with regard to the alleged accident, age, occupation
and income of the injured, injury report, police report, driving license
etc. and also submits that the claimant’s claim is excessive one. In this
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premise, the answering opposite party prayed to dismiss the claim

petition.

5. On the pleadings of the parties the following issues are

settled:

i) Whether the claim petition is maintainable in law?

ii) Whether the accident took place due to rash and

negligent driving on the part of the driver of vehicle No AS-
03/F-7433 (Motorcycle)

iii) Whether the claimant is entitled for any

compensation? If so, what is the quantum and from whom?

iv) Any other relief?

6. In course of hearing, the claimant side has examined

himself by filing evidence on affidavit and answering opposite
party/insurance company has duly cross-examined him. The
contesting opposite party has not adduced evidence.

7. I have heard argument from both the sides and 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
 PAGE 6

of the submission of the learned counsel from both the sides are as
follows.

8. Issue No. (i):

Though the contesting opposite party took the plea in

written statement that the claim petition is not maintainable but it is
not stated how the claim petition is not tenable in the present form.
The accident report Ext-1 shows that on 09-09-09 at about 11-30 A.M
on 37 N.H. way at Dadhara Chariali, the accident took place involving
the motorcycle No. AS-03/F-7433 wherein Bhupen Das the present
claimant was shown as injured and with regard to the accident
Dergaon P.S Case No. 106/09 u/s 279/338 of IPC was registered. On
the other hand the claimant alleged that on the day of accident, while
he was travelling by the motorcycle bearing No AS-03/F-7433
(package policy) as a pillion rider, the motor cycle knocked one lady
due to its rash and negligent driving and thereafter dashed against
electric post as a result of which he sustained injuries. Hence he filed
this case claiming compensation for the injuries sustained by him.
Thus it reveals that the claim case u/s 166 is maintainable and the
issue is decided in favour of the claimant.
 PAGE 7

9. Issue No. (ii):

The claimant Sri Bhupen Das has averred in the claim

petition and also stated in evidence as C.W.-1 that on 09.09.2009 at
about 11.30 A.M. he was travelling by the motorcycle bearing
Registration No AS-03/F-7433 as pillion rider from Rangamati
towards Dergaon side driven by the opposite party No. 2 Sri
Lankeswar Das and on their reaching Dadhara Chariali, the said
motorcycle knocked down one lady and after hitting the lady, the
motorcycle dashed the electric post. As a result of which, the said
motorcycle got badly damaged and both the riders sustained injuries.
He sustained fracture of left humorous, soft tissue injuries as well as
head and chest injuries. He further stated that after the accident he
was taken to nearby Dergaon C.H.C. wherefrom he was referred to
Sanjivani Hospital, Jorhat and accordingly was treated there as
indoor patient from 09.09.09 to 11.09.09. He clearly stated the
accident took place due to rash and negligent driving of the driver of
the aforesaid motorcycle and in this regard the Dergaon police
registered the case being Dergaon P.S. case No. 106/2009
u/s279/338 of I.P.C. In support of the evidence he proved the
Accident Report as Ext.1, discharge certificate of Sanjivani Hospital,
Jorhat as Ext-2, Prescription of Dr. S.N. Hussain, K. K. Civil Hospital,
Golaghat as Ext.3 and cash memos, bills, prescriptions as Ext.4.
 PAGE 8

10. 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 09.09.09. The Accident Report
Ext.1 issued by Dergaon P.S. also shows that on 09.09.09 at 11-30
A.M. the accident took place on 37 N.H. way, Dadhara Chariali,
involving the motorcycle bearing No AS-03-F-7433 showing Sri
Bhupen Das the present claimant as injured. During cross
examination of C.W. 1, nothing contrary could be elicited from him.
C.W.1 clearly stated that on the day while he was travelling by the
offending motor cycle as a pillion rider, the motor cycle knocked
down one lady and thereafter dashed against electric post due to rash
and negligent driving on its driver as a result of which he sustained
injuries. From the above evidence, it appears to me that there was
rash and negligence on the part of the driver of the offending motor
cycle.The contesting opposite party did not adduce any rebuttal
evidence so far the rash and negligent driving of the offending vehicle
concerned. 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 Motorcycle No. AS-
03/F-7433 and the claimant sustained injury in the said accident
occurred on 09-09.09 at about 11-30 A.M. Accordingly, this issue is
decided in favour of the claimant.
 PAGE 9

11. Issue No. (iii) and (iv):

These two issues relate to the entitlement of the claimant

for compensation and extent thereof as well as liability of the
opposite party to pay compensation.

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 fracture of left humerous (POP was
applied), head injuries (9 stiches), soft tissues injures and chest
injuries and after the accident he was taken to nearby Dergaon C.H.C.
wherefrom he was taken to Sanjivani Hospital and he was admitted
there as indoor patient for 2 days i.e. from 09-09-09 to 11.09.09 and
later on he took treatment under Dr. S.N. Hussain of K. K. Civil
Hospital, Golaghat. The claimant further stated that he incurred an
expenditure of Rs. 25,000/- (Rupees Twenty Five Thousand) towards
his treatment. But he submitted cash memos and bills worth of Rs.
2,497.00/- say Rs. 2,500.00 (Rupees Two Thousand Five Hundred
only). As such the claimant is entitled to get this amount as medical
expenses. Moreover, the discharge certificate proved as Ext. 2 shows
that the injured was admitted in Sanjivani Hospital, Jorhat on
09.09.09 and was discharged on 11.09.09. 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:
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Medical expenses : Rs. 2,500.00

Pain and suffering : Rs.10,000.00
Miscellaneous expenses : Rs. 5,000.00
Total : Rs.17,500.00

(Rupees Seventeen Thousand Five Hundred only).

12. The offending vehicle bearing No. AS-03/F-7433

(Motorcycle) was insured with the opposite party No.3/ the Oriental
Insurance Co. Ltd. at the time of accident with policy No.
322102/31/2010/2482 (package policy). Therefore the opposite
party No.3/ the Oriental Insurance Co. Ltd is to satisfy the award.

ORDER

13. In the result the claim petition is allowed on contest.

Claimant is awarded a total compensation of Rs. 17,500.00 (Rupees
Seventeen Thousand Five Hundred only) for the injuries sustained
by him in the motor vehicle accident. The amount of compensation
shall carry an interest @ 6% per annum from the date of filing of the
claim petition i.e. from 07-04-10 till its realization. The opposite Party
No 3/ the Oriental Insurance Co. Ltd. is directed to pay the amount
within the period of 60 days from today i.e. 30.01.2015 including the
interest thereon as mentioned above.
 PAGE 11

14. Send a copy of the judgment to the Opposite party

No.3/Oriental Insurance Co. Ltd. for information and necessary
action.

15. Given under my hand and seal of this court on this 30th
day of January, 2015 at Golaghat.

Dictated & corrected by me.

Member, Member,
Motor Accidents Claims Tribunal Motor Accidents Claims Tribunal
Golaghat.
………………..… Golaghat.

……………….
 DECISION AND REASONS THEREFOR:

14. Considering the aforesaid aspects, the compensation payable to the

claimant is being assessed under the following heads.:

1 For loss of total dependency Rs. 6,12,000/-

(3,000 X12= 36,000/- X17)
2. For funeral expenses Rs. 25,000/-
3. For loss of estate Rs. 5,000/-
4 For Transportation of the body of the Rs. 5,000/-
deceased
Total Rs. 6,47,000/-
15. Accordingly the total compensation comes to Rs. 6,47,000/-
(Rupees Six Lakhs Forty Seven Thousand) only. The Opposite Party No. 3New
India Assurance Company Ltd. is directed to pay the aforesaid amount of
compensation to the claimants.

In the result the aforesaid issues are decided in favour of the claimants.

AWARD

16. Awarded Rs. 6,47,000/- (Rupees Six Lakhs Forty Seven

Thousand) only as compensation to the claimants. The awarded amount shall
carry interest at the rate of 6% per annum from the date of filing of the case
till payment. The Opposite Party No.3New India Assurance Company Ltd. is
to pay the amount of compensation to the claimants by way of cheque within
90 days from the date of this order. The Opposite Party No.4 shall be entitled
to deduct the interim compensation paid to the claimant, if any.

17. Given under my hand and seal of this Court on this 27th day of
June, 2014.

Dictated & corrected by me.

(I. Barman) (I. Barman)

Addl. District Judge, No.IV Addl. District Judge, No.IV
F.T.C., Kamrup, Guwahati F.T.C., Kamrup, Guwahati
Member of M.A.C.T., Kamrup, Member of M.A.C.T.,
Guwahati Kamrup, Guwahati