NATIONAL INSURANCE CO. LTD. Vs. RICHMOND NONGSIEJ

JUDGEMENT

(1.) These four appeals, arising out of the same motor accident, filed against the common judgment and award of the Member, Motor Accident Claims Tribunal (for short 'MACT') dated 30.07.2012 were jointly heard for disposal by this common judgment and order.

(2.) Heard Mrs. PDB Baruah, learned counsel for the National Insurance Co. Ltd. and Mr. LR Das, learned counsel for the claimants. Also heard Mr. R Nath, learned counsel for the respondent No.2.

(3.) On 04.06.2005, at about 6:30pm, the Maruti Van having registration No.ML-05-D-9377, in which Shri.Richmond Nongsiej (minor) claimant of MACT Case No.94/2005 and (L) Shri.Nehskhen Blein, (whose parents and sisters are the claimants of MACT Case No.95/2005) were traveling had an accident because of a collusion with a Truck bearing registration No.HR-37/8241 at Mawlai Nankabrin, NH 40. In the said motor accident, (L) Nehskhen Blein died on the spot and Shri.Richmond Nongsiej (minor) had suffered injuries. The offending vehicle Maruti Van having registration No.ML-05-D-9377 was insured with the National Insurance Co. Ltd. (appellant of MACT APPL. No.3/2012 and MACT APPL No.4/2012). The injured Shri.Richmond Nongsiej (minor) represented by his mother Smti.Jubida Nongsiej of Mawlai Nongpdeng, Shillong filed MACT Case No.94 of 2005 against the Divisional Manager, National Insurance Co. Ltd. Div.10, Flat No.101-106, N-1, New Delhi and Divisional Manager, Div. Office 9, Opp. Rholi Cinema, P-90, Cannaught Circus, New Delhi-1 C/o Divisional Manager National Insurance Co. Ltd. Shillong alternative address C/o Divisional Manager, National Insurance Co. Ltd., Shillong claiming compensation for the medical expenditure at the tune of Rs.82,347.10/- for the medical treatment of the injuries sustained by Shri.Richmond Nongsiej in the said motor accident. Application for permission to contest the claim petition on all grounds over and above the limited ground under Sub-Section (2) of Section 149 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') filed by the National Insurance Co. Ltd. i.e. the insurer of the offending vehicle in the said claim case had been rejected by the learned Member, MACT. The written statement filed on behalf of the National Insurance Co. Ltd. reads as follows:-