ORIENTAL INSURANCE CO LTD Vs. ARUN DAS

JUDGEMENT

(1.) This is an appeal by the Insurance Company against the award for Rs. 1,15,000.00 along with interest at the rate of 10% in MAC Case No. 332 of 1996. This appeal is not maintainable in view of the fact that no appeal can be filed under Section 149 of the M.V. Act challenging the quantum.

(2.) Mr Dutta, learned counsel submits that there is no insurance policy which is factually no correct.

(3.) The brief facts of the case is that the respondent-claimant Sri Arun Das filed a cllaim petition stating inter-alia that on 16/12/1995 at about 3 p.m. he was proceeding through National Highway No. 31 at Kadamtala under Tihu P.S. taking left side of the road and at that time a truck bearing No. HR 13/3364 that was coming from Barama side in a very high speed hit him from the front side causing grievous injury to his person. The truck stopped and the driver picked the claimant in the truck and took him to Down Town Hospital at Guwahati. The claimant was hospitalised there till 2/1/1996 and there after also took treatment at Nalbari. The claimant claimed Rs.20,000.00 add medical expense Rs.80,000.00 for pain and suffering Rs.2,00,000.00 as loss of business activity and Rs. 1,00,000.00 as other compensation. Neither the driver nor owner of the vehicle appeared to contest the claim. The Oriental Insurance Co. the insured of the vehicle alone contested the case by filing W.S. taking the plea that the facts stated in the claim petition not known to the Insurance Co. and these are subject to proof and that on the event of passing an award of compensation in favour of the claimant it should be subject to proof of valid driving licence road permit etc.