NEW INDIA ASSURANCE CO LTD Vs. BHUPEN SAIKIA

JUDGEMENT

(1.) THIS is an appeal preferred by the insurer against the award dated 20. 6. 2003, passed in M. A. C. Appeal no. 202 of 2002, by the learned Member, motor Accidents Claims Tribunal, Sonit-pur, Tezpur, whereby the learned Tribunal has directed the insurer appellant to pay rs. 1,50,000 as compensation with interest at the rate of 9 per cent per annum from the date of making of the claim application until the realization of the entire awarded amount.

(2.) HEARD Mr. A. K. Goswami, learned senior counsel, assisted by Mr. A. Ahmed, learned counsel for the appellant. None has appeared on behalf of the respondents.

(3.) THE material facts giving rise to the present appeal may, in brief, be set out as under: (i) The claimant instituted a proceeding under section 166 of the Motor Vehicles act, 1988 ('the M. V. Act'), seeking a sum of Rs. 2,50,000 as compensation for the injuries sustained by him in a motor vehicle accident, the claimant's case being, in brief, thus: On 23. 11. 2001 at about 5 p. m. , the claimant was proceeding from Tezpur towards his village Bamparbatia, sitting as a pillion rider on a scooter bearing registration No. AS 12-5666 and as the driver, namely, Gopen Kalita drove the scooter in a rash and negligent manner, he failed to control the scooter, the scooter fell down on the road at village Bamparbatia, causing grievous injuries to the claimant. (ii) The insurer resisted the claim by contending, inter alia, that since the claimant was the owner of the scooter, the insurance policy in question, did not cover the risk of the owner of the vehicle as the insured. No specific issue was, however, framed on the plea so taken by the insurer and, upon recording the evidence adduced by the claimant, learned Tribunal directed the insurer to make payment of compensation awarded to the claimant. As to why the insurer was made liable to pay compensation, the learned Tribunal assigned no specific reason.