STATE OF ARUNACHAL PRADESH Vs. MANMOHAN SINGH BHOMRAH

JUDGEMENT

(1.) THIS appeal by the owner of the offending vehicle is directed against the judgment and award dated 10. 7. 2003 passed by the learned Member, MACT, Sonitpur in MACT Case No. 79/99 awarding a sum of Rs. 1,75,000/- as compensation for the injuries sustained by the respondent-claimant in a motor accident arising out of the use of a motor vehicle.

(2.) AN application u/s 166 of the MV Act 1988, in short the Act, was filed by the respondent as claimant praying for awarding compensation for the injuries sustained by him in a motor accident occurred on 8. 2. 99 at 3. 30 PM out of the use of the motor vehicle bearing registration No. AR-01/8729 belonging to the appellant, contending inter alia that while he was proceeding to his house on a motor bike bearing Registration No. AS-12/0947 from Tezpur town, all of a sudden the offending vehicle hit from behind and knocked him down and as a result of which he sustained injuries for which he was hospitalized initially in Kanaklata Civil Hospital, Tezpur and thereafter, in Baptist christian Hospital and further contending that the vehicle was driven in a rash and negligent manner which resulted in the accident, on the basis of which MAC Case No. 79/99 was registered.

(3.) THE appellant on receipt of the notices filed the written statement contending that the claim petition is not maintainable, as the owner of the motorcycle on which the claimant riding was not made a party and that the claimant was driving the motorcycle without having a valid driving licence, which contributed to the accident. It has also been contended in the written statement that the claim of rs. 15,35,000/- is exaggerated and he is not entitled to any compensation.