ORIENTAL INSURANCE CO. LTD. Vs. NIVA GOGOI

JUDGEMENT

(1.) The appellant in this case is the insurer i.e. Oriental Insurance Company Ltd. whereas the respondents are 1) Smti Niva Gogoi, claimant, 2) Shri Mirajul Alem, owner of the scooty No. AS-01-BW3874 and 3) Shri Subhash Singha, driver of the same scooty. The insurer is aggrieved by the Judgment and Award dtd. 29/8/2022 passed by the learned Member, Mokakchung, Nagaland in connection with MAC Appeal No.18/2019. It is contended that the claimant is not entitled to an award of Rs.8.00 Lacs with interest thereon. The claim was not maintainable and ought to have been dismissed at the threshold for want of jurisdiction as the accident allegedly occurred at Guwahati and the claimant is not a resident of Nagaland.

(2.) It is further contended that the claimant has failed to prove rash and negligent act of the driver of the motor cycle bearing Registration No. AS01-BW-3784 and thereby the insurer is not liable to pay the compensation.

(3.) It was certified by the doctor that the claimant, after the accident, has suffered 10% permanent disability but the disability certificate was not proved by examining the doctor who had issued the certificate. The loss of income ought not to have been calculated as the claimant was drawing salary after obtaining 60 days commutative leave and half pay leave for 120 days for her treatment at Dispur Hospital, Guwahati.