NATIONAL INSURANCE CO. LTD. Vs. MEGHNATH GHARA

JUDGEMENT

(1.) This appeal is at the instance of Insurance Company challenging an award dated 16.08.2013 passed by Motor Accident Claims Tribunal, 2nd Fast Track Court,Tamluk in MACC no. 104 of 2013 disposing of an application U/s 166 of the Motor Vehicles Act awarding a compensation of Rs.5,83,000/- along with 6% simple interest from the date of filing of application if such compensation is paid within one month from the date of the order, in default, interest would be payable at the rate of 9% till recovery. The facts so unfurled are that the claimant while going to his relatives house from his residence by riding a cycle through NH-41 was dashed from behind by the offending vehicle as a result, he sustained multiple injuries in the right side of his eye, leg and all over the body. The victim was taken to a nearby hospital at Tamluk and was later on advised to be shifted to SSKM hospital at Calcutta.

(2.) It is not in dispute that the victim was under treatment from 20.01.2011 to 29.01.2011 and claimed to have spent more or less Rs.1,00,000/- for her treatment. The accident occurred at 5:00 P.M on 20th January, 2011 and the complaint was lodged with the police station on 22nd January 2011. The claimant was nineteen years of age at the time of such accident and was working as a mason earning Rs.250/- per day.

(3.) It is further stated that the driver of the offending vehicle was driving rashly, negligently and recklessly and no contributory negligent can be attributed to the claimant. The Insurance Company resisted the claim taking a plea of negligence on the part of the claimant and also non-involvement of the offending vehicle. The claim is further resisted on the plea of delayed lodging of a FIR.