NATIONAL INSURANCE CO LTD Vs. LIPOKTEMJEN

JUDGEMENT

(1.) HEARD Mr. B. N. Sarmah, learned counsel for the petitioner, and Mr. N. Y. Themjen, learned counsel for the respondents.

(2.) THIS Civil Revision petition has been filed under Article 227 of the Constitution of India for issuance of appropriate writ of Mandamus/certiorari of any other appropriate writ of similar nature for quashing the impugned order dated 4. 5. 06 passed by learned Member, Motor Accident Claims Tribunal-II, Dimapur, Nagaland, in MAC Case No. 105/04 rejecting the prayer of the petitioner insurer under Section 170 of the Motor Vehicles Act (hereinafter referred as the Act for short) to contest the claim on all grounds.

(3.) LITTLE advertence to the short facts of the case is indispensable for disposal of this petition. On 1. 01. 2004 at about 11. 30 A. M. , a Motor cycle bearing registration No. AS-03-7143 proceeding towards Anaki village from Tuli was hit by a Truck bearing Registration No. NL-02-D-5055 coming from the opposite direction in the Tuli-Anaki road under PS Tuli, Mokokchung District, Nagaland. In the said accident, the pillion rider of the ill-fated Motor cycle, Shri Lipoktemjen sustained serious injury leading to amputation of his right leg. Hence, he alongwith his wife Smti Ayangla claimed compensation amounting to Rs. 14,24,260/- from the defendants by filing MAC Case No. 105 of 2004. In the MAC case the driver Shri Okendra Singh and owner Shri Imti Longkumer of the offending truck were joined as defendant Nos. 1 and 2 respectively. The National Insurance Company Ltd. , is the Insurer of the said truck and therefore, its Development Officer, Sibsagar and the Branch Manager, Dimapur, were joined as respondent Nos. 3 and 4 respectively. The rider/driver namely Shri N Meri Longkumer and the owner Md. Rofiqul Hussain of the Motor cycle were joined as pro-forma defendant Nos. 5 and 6 respectively.