RAFIQ ISLAM Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is directed against the award dated 16.12.1988 passed by the learned Member, Motor Accidents Claims Tribunal, Goalpara in MAC Case No. 39 of 1987 rejecting the claim of the appellant for compensation.

(2.) THE appellant, Rafiq Islam, made a claim petition in the court of the learned Member, Motor Accidents Claims Tribunal claiming compensation of Rs. 1,40,000/ - from the owner of truck No. AMG 245 and United India Insurance Co. Ltd. on the allegation that on 23.3.1987 at about 6 a.m. while the claimant was standing on the extreme right side of the road at Singri, the vehicle, namely, truck No. AMG 245, driven in a rash and negligent manner came in high speed and knocked him down causing serious injuries on his body for which he has become permanently disabled. The claimant after regaining his consciousness found that he was hospitalised for about 10 months and was discharged on 20.12.1987, but still he was not at all cured and he needed further treatment which would involve heavy expense. The claimant also stated that he used to earn about Rs. 1,000/ - per month by doing business in betel leaves, etc. The claimant was aged about 18 at the time of accident. In support of his claim, the claimant -appellant examined himself and two other witnesses. The respondents examined none.

(3.) A suggestion was made in the cross -examination that the claimant was knocked by the truck while he was trying to cross the road, which was categorically denied by the claimant as well as the witnesses.