NATIONAL INSURANCE CO LTD Vs. AMRIT KALITA

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 4th January, 2003, passed in M. A. C. Case No. 153/2000, by the learned Member, motor Accident Claims Tribunal, Darrang where by the insurer-appellant has been directed to payto theclaimant-respondent No. 1 hereina sum of Rs. 25,000 as compensation. The various facts giving rise to the present appeal may be set out as under: the claimant-respondent No. 1 made an application, under Section 166 of the Motor vehicles Act, 1988 ('the Motor Vehicles act, 1988'), seeking a sum of Rs. 2,55,000 as compensation, his case being, in brief, thus: on 8th September, 1993,at about 10. 30a. m. , while the claimant was traveling from his house, at Khairdbari, in the truck, bearing registration No. ASU-2717, along with his paddy to be sold at Mongaldoi Town, the vehicle, due to rash and negligent driving by its driver, met with an accident at Bunglagarh and the claimant sustained injuries on his legs.

(2.) THOUGH the insurer resisted the claim for compensation by contending, inter alia, that the insurer was not liable to pay any compensation, the learned Tribunal, having found the claimant entitled to receive compensation of a sum of Rs. 25,000, directed that the said amount shall be paid by the insurer with interest at the rate of 9% from the date of making of the claim application. Aggrieved by the award, the insurer has preferred this appeal.

(3.) I have heard Mr. A. K. Goswami, learned senior Counsel for the insurer-appellant. None has appeared on behalf of the respondent.