NEW INDIA ASSURANCE CO. LTD. Vs. TOKHESWAR BORA

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicle Act, 1988 at the instance of New India Assurance Co.Ltd. against the judgment and award dated 27.1.2011 passed by the learned Member, MACT, Nagaon in MAC Case No.393 of 2005. By the impugned judgment and award, the learned Tribunal has directed the insurance company to make payment of Rs.7,23,805/ - along with interest @ 6% per annum to the claimants from the date of institution of claim petition till realization.

(2.) The basic facts involved in the appeal are as follows. On 10.5.2005, the claimant was moving on a motor cycle driven by one Jiten Bora. Being a pillion rider, he noted that a truck was coming from opposite direction in a rash and negligent manner and collided with their motor cycle resulting in death of the motor cycle driver on the spot. He was also seriously injured and people who gathered at this spot took him initially to Nagaon Civil Hospital and thereafter to PKB Nursing Home at Haibargaon. This accident took place on 10.5.2005 at about 10.45 pm and on 16.5.2005, his right leg was amputed in the knee level. There was compound fracture of his right leg and ultimately he was released from hospital on 13.5.2005. But thereafter, once again some complication arose for which he had to be referred to GNRC , Guwahati for further treatment. The claimant who was a pillion rider claims to have made huge expenditure for his treatment. He claimed to be a qualified electrician earning Rs.7000/Rs.8000 per month and because of his amputation , his earning came down. He therefore filed claim petition against the offending truck bearing Registration No.AS - 25/4199 along with the insurer, New India Assurance Co. Ltd.. He prayed for compensation to the tune of Rs.10 lakhs. He also impleaded United India Insurance Co. Ltd who was the insurer of motor vehicle No.AS -02 -B -6832 on which he was a pillion rider.

(3.) On being notified, both the insurance companies appeared and submitted respective written statements entirely denying the case of the claimant. According to them, they were neither liable nor responsible to make payment of any compensation to the claimant at all. The income of the claimant, his occupation and even the factum of accident was denied by the insurance companies. Upon such pleadings of the parties , the learned trial court framed the following four issues and asked the parties to lead their respective evidence: