NATIONAL INSURANCE CO. LTD Vs. THANGPUII

JUDGEMENT

(1.) To borrow from Nikita Khruschev, the former Soviet leader, if the injured, the survivor of the vehicular accident and now in a vegetative condition, in this claim case can ever recover his senses, which is highly unlikely, he would envy his death co-passengers. This is, to say the least, a tragic case. The legality of the judgment and award dated 16-7-2009 passed by the Motor Accident Claims Tribunal, Aizawl in M.A.C. No 112 of 2005 awarding a compensation of Rs. 29,88,497/- with interest @ 9% per annum from date of filing the claim application to the injured represented by respondent No. 1 is called into question in this appeal.

(2.) Before proceeding further, the facts giving rise to the appeal may be briefly noticed. On 22-10-2006 at about 8.45 PM, the husband of the respondent No. 1, namely, Zosanglura, was dashed by a motor cycle bearing registration No. MZ-01/D-2286, which was driven by the respondent No. 2. The accident was stated to have been caused by the negligent driving of the bike by the respondent No. 2. The Kukikawn Police Station accordingly registered a regular case against the respondent No. 2 being KLK PS No. 172/06 U/s 279/338 IPC. As a result of the injuries sustained by her husband, he had to be treated from one hospital to another including a hospital at Kolkata thereby incurring lakhs and lakhs of rupees. The injured could not be cured, is now completely bed-ridden unable to move about and certified to be permanent disabled to the extent of 100% disability. The respondent No. 1 thereupon filed the claim petition under Section 166, Motor Accident Claims Tribunal, Aizawl for compensation as admissible under the law.

(3.) The claim petition was not contested by the respondent No. 2 before the Tribunal despite proper service of notice upon him. The appellant, who is the insurer, contested the claim petition and filed its written statement denying any liability whatsoever. In particular, the appellant asserted that the respondent No. 2 did not have learner's license, and the learner's license enclosed with the claim application is not even a license but an application to renew the learner's license. Moreover, claimed the appellant, as there was no pillion driver accompanying the injured, there was breach of policy condition thereby exonerating the appellant of any liability to satisfy the award. The appellant also questioned the genuineness of all the medical bills/cash memos accompanying the claim application as they are not original documents but merely Xerox copies, of the income of the injured as well as the disablement certificate of the injured. The appellant, therefore, urged the Tribunal to dismiss the claim application.