SAURAV JYOTI BARMAN Vs. PARIKSHIT HALOI

JUDGEMENT

(1.) THIS appeal by the claimant is for enhancement of the amount of compensation as awarded by the Learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 287 of 2001.

(2.) AN application under Section 166 of the Motor Vehicles Act, 1988 (in short the Act) had been filed by the present appellant (represented by his father, he being a minor at the relevant point of time) claiming compensation for the injuries sustained by him in a road traffic accident occurred on 27. 06. 2001 at Palla Road in the district of Nalbari, contending inter alia that on that date while he was on his way to attend the Tutorial Class by riding his bicycle, at about 9. 30 A. M. he was knocked down by a motor cycle bearing Registration No. AS-01/k 9592, belonging to the present respondent No. 1 and as a result of which his left knee got fractured. He was immediately shifted to Nalbari Civil Hospital from where he was referred to Gauhati Medical College and Hospital, but was referred in a private nursing home at Guwahati and that he had to spend a considerable amount for his treatment, however, he was yet to recover fully. In the claim of said claim application apart from arraying the owner of the vehicle, who was driving the said motor vehicle himself, the insurance company (respondent No. 2 herein) -who issued the policy of insurance in respect of the said vehicle- has also been arrayed as respondents. Though the owner of the vehicle despite service of notice did not contest the said proceeding, the insurance company contested the said proceeding by filing written statement denying the claim of the claimant and putting the claimant to prove the contents of such claim application.

(3.) THE Learned Tribunal upon appreciation of evidences on record has recorded the finding that the accident occurred on 27. 06. 2001 at about 9. 30 A. M. as alleged in the claim petition, that the claimant who was knocked down on that day by the said vehicle driven in a very high speed, has suffered injury of fracture of petula and was treated for such injuries by the doctor and has not been fully recovered. The Learned Tribunal has also recorded the finding that the claimant has spent Rs. 21,000/- towards the medical expenses for treatment of the injuries sustained by him in the said motor accident and he had to suffer loss in his studies as he could not appear in the different examinations and could not secure results as expected, apart from suffering for the pain and agony. The Learned Tribunal having held so has awarded an amount of Rs. 50,000/- as compensation, which includes the medical expenditures incurred by the claimant. The Learned Tribunal though in paragraph 14 of the award has recorded the finding that the offending vehicle had a valid insurance coverage on the date of accident, the insurance company has been absolved from the liability on the ground that the owner of the vehicle had no driving licence for driving the motor cycle at the relevant point of time. Hence the present appeal for enhancement of award of compensation.