UNITED INDIA INSURANCE CO. LTD. Vs. PARESH SAIKIA

JUDGEMENT

(1.) Heard Ms. A. Ajitsaria, learned counsel appearing for the appellant as well as Mr. S.K. Goswami, learned counsel appearing for the respondent No. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the United India Insurance Co. Ltd. against the judgment and award dated 20.07.2006 passed by the Motor Accident Claims Tribunal, Golaghat in MACT Case No. 01 of 2003.

(2.) The findings as returned by the Tribunal as regards the accident that occurred on 01.03.2002 when the respondent No. 1 was coming to Golaghat by driving the vehicle No. AS-01G/6211 (Tata Sumo) as owned by the respondent No. 1 and met the said accident at a sharp turning near Garampani, serious injuries that he received from the accident compelling him to be treated as an indoor patient for 25 days and also the insurance cover of the offending vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such, those findings stand affirmed and fresh appraisal thereof is avoided.

(3.) The solitary question that has been projected in the appeal is that whether the appellant as the insurer has any liability to pay any compensation to the respondent No. 1 who received the injuries from the said accident and whether the liability is limited to the extent of Rs. 20,000/- in case it is found that the appellant is under obligation to pay the compensation.