NATIONAL INSURANCE COMPANY LTD Vs. KRISHNA MITRA

JUDGEMENT

(1.) Though this matter was listed for admission, on being mentioned, it was taken up for final disposal with the consent of both the sides. This is an appeal under Section 173 (1) of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the Insurance Company, challenging the award dated 24th May, 2004 passed by the 2nd Motor Accident Claims Tribunal, Cuttack (for short 'the Tribunal'), in Misc. Case No. 1187 of 1997.

(2.) The facts as stated by the claimant before the learned Tribunal were that on 10th October, 1997 in between 5.00 p.m. and 6.00 p.m. in front of Cuttack Diesel near O.M.P. Square, Cuttack, while the claimant- respondent was going on a scooter bearing Registration No. OAU 5657 with her husband and niece as pillion riders from Raghunathpur towards Cuttack, the offending Truck bearing Registration No. ORU 2712 being driven in rash and negligent manner came from the back side and dashed against the scooter. As a result of such accident, the claimant-respondent sustained injuries on her person. The claimant-respondent sustained fracture injuries on her left pelvis, ribs and other injuries on her person including belly. The claimant-respondent underwent treatment in S.C.B. Medical College and Hospital, Cuttack, as an indoor patient for about one month and incurred expenditure of Rs.1,00,000/- The further case of the claimant- respondent before the learned Tribunal was that her monthly income from tailoring was Rs.3,500/-. The offending vehicle was owned by opposite party No.1 and insured with opposite party No.2, National Insurance Company vide cover note No. 559416 valid from 1st February, 1997 to 28th February, 1998. With the above averments, the claimant- respondent filed a claim petition before the learned Tribunal claiming a compensation of Rs.2,00,000/-. The owner of the vehicle filed its written statement admitting himself to be the owner of the offending vehicle and its insurance with opposite party No.2. The Insurance Company also filed its written statement denying the claim averments in entirety made by the claimant.

(3.) On the above pleadings, the learned Tribunal framed the following issues: (i) Are the claims maintainable? (ii) Whether the petitioner sustained injuries due to rash and negligent driving of the vehicle bearing registration No.ORU 2712 by the driver ? If the petitioner is entitled to get any compensation and if so, to what extent and from whom? (iii) To what relief, if any, is the petitioner entitled? The claimant examined two witnesses on her behalf including herself and her husband and filed eleven documents, which were marked as Exts.l to 11. The Insurance Company examined one witness and filed four documents, which were marked as Exts. A to B/1. The Tribunal, on considering the oral as well as the documentary evidence and rival contentions of the parties, awarded compensation of Rs.35,000/- and directed the Insurance Company to pay the said compensation to the claimant-respondent along with simple interest at the rate of 9% per annum with the consolidated cost of Rs.100/- within a period of thirty days from 17th December, 1997, i.e., date of filing of the claim application till the realization. The Tribunal further directed that out of the compensation amount, a sum of Rs.50,000/- shall be kept in shape of an unencumberable fixed deposit in a nationalized bank in the name of the claimant-respondent for a period of six years and the cost and balance shall be paid to her in shape of cash.