RABUI NATH Vs. RABIN CHANGKAKATI

JUDGEMENT

(1.) This appeal u/s 173 of the Motor Vehicles Act, 1988(in short, the Act) by the claimant for enhancement of the amount of compensation awarded by the learned Member, MACT, Morigaon vide order dated 10.8.2001 passed in MAC Case No.3872000.

(2.) The claimant/appellant filed an application u/s 166 of the Act before the MACT, Morigaon claiming compensation of Rs. 4,00,000/- for the injuries sustained by him contending inter alia that on 1.3.2000 while he was travelling in a vehicle bearing Registration No.AS 0377421 (Truck) as Handyman, belonging to Sri Rabin Changkakati (Respondent No.1), the said vehicle met with an accident, near 709 Gowdowa, Dergaon, due to rash and negligent driving by the driver and as a result of which, both of his legs were crushed thereby receiving compound grade III C injuries as certified by the Guwahati Medical College & Hospital. The appellant-claimant also impleaded M/s National Insurance Company Ltd as a party respondent (Respondent No.2 herein) contending that the risk of the owner was covered by the policy of insurance issued by it. The said application was registered as MAC Case No. 38/2000. On receipt of notices the owner of the vehicle as well as the Insurance Company filed their respective written statements.

(3.) The owner/Respondent No. 1 in his written statement has admitted the employment of the claimant-appellant as Handyman in respect of the said vehicle and its involvement in the accident. It has also been contended in the written statement that after the accident the injured Handyman was removed to Guwahati Medical College and Hospital. The further contention the owner in the written statement is that as there is a contract of insurance between the National Insurance Co and the owner of the vehicle, during the period when the accident occurred, the Insurance Company under the said contract is to indemnify the owner in case any compensation is awarded by the learned Tribunal.