GUWAHATI, India, Nov. 12 -- Gauhati High Court issued the following order on Oct. 12:
1. Heard Mr. R. Goswami, learned counsel for the appellant and also heard Mr. K. Bhattacharjee, learned counsel for the respondent No.1/claimant.
2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988, the appellant United India Insurance Company Ltd. has challenged the judgment and award dated 05.11.2014 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Sonitpur (Tribunal hereinafter), in MAC Case No.317/2010 filed under Section 166 of the Motor Vehicles Act, 1988. It is to be noted here that vide impugned judgment and award dated 05.11.2014, the learned Tribunal has directed the appellant/opposite party No.3 to pay a sum of Rs.11,72,000/- being the compensation to the respondent No.1/claimant with interest @9% per annum from the date of institution of the case i.e. 25.11.2010, till realization.
3. The backgrounds fact leading to filing of the present appeal is briefly stated as under:-
"On 14.02.2010, at about 8:30 a.m., while Md. Habibur Rahman, the father of the claimant was proceeding on his motorcycle, bearing Registration No.AS-12C-8489 towards Itakhola, on NH-52 and when he reached Khanamukh near Jiabhoroli river, a Truck, bearing Registration No.AS-13A-9855, which was coming from behind, at a high speed and in a rash and negligent manner, knocked down the motorcycle. As a result, his father sustained multiple grievous injuries on his person and he was shifted to EMM Hospital, Tezpur and thereafter, he was admitted at GNRC, Guwahati for treatment and thereafter, also he was treated by different doctors incurring huge medical expenses and the accident took place due to rash and negligent driving on the part of the driver of the Truck and in connection with the said accident, Rangapara P.S. Case No.21/2010 under Section 279/338 IPC has been registered
It is also stated that the father of the claimant was aged 44 years and was self-employed businessman and he had an approximate income of Rs.10,000/- per month and therefore, a claim petition is filed seeking compensation for a sum of Rs.12,00,000/-.
The appellant herein, being the opposite party No.3 and the owner and driver, being the opposite party Nos.1 and 2, respectively, in the claim petition, (and respondent No. 2 and 3 herein this appeal) had filed their written objection denying the statements and averment made by the claimant (respondent No.1 herein). The respondent Nos.2 and 3 in their written statement had taken a stand that the claim is bad for suppression of material facts and also bad for non-joinder of necessary parties and the claimant is not entitled to file the claim petition on behalf of his father and also denied the nature of injuries sustained by the father of the claimant, his age and monthly income and also it is stated that the respondent No.3, the driver of the vehicle had a valid driving licence, bearing No.69664/MKG/Prof and it was valid upto 26.05.2013 and the vehicle was duly insured with the United India Insurance Company Ltd., vide Policy No. 130700/31/09/02/00000363 and it was valid from 21.04.2009 to 20.04.2010 and that the motorcycle was driven at a very high speed and it dashed against the Truck from behind and therefore, it is contended to dismiss the petition.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vZpLQfjcBmRqD6X3PnelaSunfvHiLSAvEyEkiy5Qet7I&caseno=MACApp./465/2018&cCode=1&cino=GAHC010005312016&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
