NEW INDIA ASSURANCE CO. LTD Vs. BHUBAN MAHAJAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Additional District & Sessions Judge (FTC) No-2 -cum- Member, MACT, Kamrup in MAC Case No. 548/2005 dtd. 31/8/2012 awarding compensation in favour of the claimant amounting to Rs.1,25,300.00(Rupees one lakh twenty-five thousand and three hundred) only.

(2.) The insurer of the alleged offending vehicle bearing No. AS-01-Q-1253 (TVS Motor Cycle) New India Assurance Co. Ltd. has challenged the order by stating that no case was registered against the driver of the vehicle which made an accident causing injury to the claimant/respondent No. 1 in this case.

(3.) The brief facts of the case is that on 26/3/2004 at about 2:30 P.M. while the respondent No. 1/claimant was going from Geetanagar towards Noonmati Bazar on foot, he met with an accident at Noonmati when a Motor Cycle bearing No. AS-01-Q-1253 (TVS Victor Motor Cycle) coming in a rash and negligent manner hit the respondent No. 1/claimant from behind. As a result he sustained grievous injuries on his person. After the accident, he was immediately taken to International Hospital, Guwahati and thereafter he was shifted and admitted to Down Town Hospital, Guwahati for his treatment. Subsequently, he had undergone treatment at Popular Nursing Home, Patna. He incurred expenditure of Rs.2,00,000.00(Rupees two lakhs) only for his treatment. At the relevant time of accident the alleged offending vehicle was insured with New India Assurance Co. Ltd.