NEW INDIA ASSURANCE CO LTD. Vs. PALLAB JYOTI

JUDGEMENT

(1.) Heard Mr. PfosekhoPfotte, learned counsel for the appellant and Mr. B. N. Sarmah, learned counsel for the respondent No. 1.

(2.) This is an appeal under Sec. 173 of the Motor Vehicle Act, 1988 filed against the impugned judgment and award dtd. 10/10/2019 passed by the learned Member, Motor Accident Claims Tribunal, Mokokchung, Nagaland in MACT case no. 44/2017.

(3.) The brief fact of the case is that on 19/8/2017, during the course of employment while the respondent/claimant was travelling in the vehicle No.AS-01-GC/9161 from Dhekiajuli to Tezpur and on the way at Bihaguri, due to rash and negligent driving of the driver of the offending vehicle, the vehicle fell down into the deep trench as a result, the claimant sustained grievous injuries and became permanently disabled. Having sustained injuries, the claimant has taken treatment at different hospital and incurred huge number of expenditures. After receiving treatment, the claimant filed a claim petition before the MACT against the respondent/appellant claiming a compensation of Rs.15,69,600.00.The case was contested by the respondent/appellant by filing written statement and denied the liability of the appellant.