AJOY RAJKHOWA Vs. CHITRA DEVI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by Sri Ajoy Rajkhowa challenging the judgment and award dated 06.03.2009 passed by the learned Member, MACT, Lakhimpur in MAC Case No. 19/2003 whereby the present appellant was directed by the learned Tribunal to make payment of Rs. 3,60,000/- as compensation to the claimant along with interest at the rate of 8% per annum from the date of award till realisation. It is stated that out of the aforesaid awarded amount the appellant already deposited a sum of Rs. 1,25,000/- with the Registry of this court and out of this amount a sum of Rs. 1,00,000/- has already been withdrawn by the claimant along with interest and the balance sum of Rs. 25,000/- is lying with the Registry of this court. Under the award, therefore, the appellant was liable to make further payment of Rs. 2,35,000/- along with interest at the rate of 8% per annum from the date of award till realisation.

(2.) The respondent, as claimant, approached the learned MACT at North Lakhimpur stating that her husband Bhuban Chandra Sharma of Raidangia village was knocked down by a motor vehicle driven by the present appellant on 14.10.2002 at about 2 p.m. on National Highway while Bhuban Chandra Sharma was returning to his farm house from Ananda market. It is stated that the same offender thereafter took the injured to North Lakhimpur Civil Hospital and having found that he was dead, he was kept in the morgue of the hospital. The claimant came to know about the accident and thereafter enquired into the North Lakhimpur Civil Hospital and found that the deceased was her own husband. She thereafter instituted the claim for compensation stating that the deceased was 32/33 years of age at the time of accident and he was earning Rs. 3,000/- per month at the time of accident.

(3.) On being notified, the opposite parties appeared and submitted written statement stating that there is no cause of action for the claim, that the claim is bad for non-joinder of necessary parties like Government of Assam and the higher authority of the Police Department, that the claim amount is excessive and abnormal and that rash and negligent driving by the driver was not admitted etc. The opposite parties claimed that they be absolved from payment of compensation. The written statement was verified by the Superintendent of Police of Lakhimpur district.