NATIONAL INSURANCE CO. LTD. Vs. KAJOL MALAKAR

JUDGEMENT

(1.) Heard Mr. A.J. Saikia, learned counsel for the appellant/Insurance Company along with Mr. A. Dhar, learned counsel for the respondent No.1/claimant.

(2.) The instant appeal is against the judgment and award dtd. 2/4/2014 passed by the learned Member, Motor Accident Claim Tribunal, Nagaon (Assam) in MAC Case No. 195/06, wherein the appellant was made jointly liable with the owner of the vehicle, to make payment of Rs.1,01,401.00 within a period of 3 (three)months from the date of Judgment, failing which with an interest @ 7% per annum from the date of filing of the claim petition. The learned Tribunal also held that the claimant was also entitled to Rs.1,000.00 as cost of proceeding.

(3.) The facts of the case in brief is that on 13/5/2005 while the claimant was standing in front of Pandit Hotel, rail road a vehicle bearing New Tata Spacio ST coming at a high speed from GNB road dashed the claimant. As a result of the accident, the claimant sustained multiple injuries and was immediately taken to the B.P Civil Hospital, Nagaon and on the same day he was transferred to GMCH, Guwahati. The claimant then filed the claim application under 166 of the M.V. Act for the injury sustained by him in the accident to meet the expense for medical treatment cause due to rash and negligence driving by the driver of the New Tata Spacio ST own by Mr. Ponaram Keot.