NATIONAL INSURANCE CO LTD Vs. GIRIJA GOPALAKRISHNAN

JUDGEMENT

(1.) THE appeal and the cross appeal indicated above have arisen from the same judgment and award dated 25. 3. 2008 passed in MAC Case No. 85 of 2005 whereby and whereunder an amount of Rs. 1,51,603/- was awarded by the learned Member, MACT, Shillong to the claimant on account of injury sustained by him with interest at the rate of 8% per annum from the date of filing of the claim petition. M/s. National Insurance Co. Ltd. , one of the opposite parties to the claim petition was directed to deposit the above sum before the tribunal with 8% interest from the date of filing of the claim petition till payment within one month of the order.

(2.) OPPOSITE party, M/s. National Insurance Co. Ltd. being aggrieved by and dissatisfied with the judgment and award passed by the tribunal preferred the appeal as indicated above under Section 173 of the Motor Vehicles Act, 1988 (for short, the Act) challenging its legality and correctness while the cross appeal as indicated above has been filed for enhancement of the award as calculated by the learned tribunal. Since the appeal and the cross appeal have arisen from the same judgment and since both are circumscribed by same facts, this Court proposes to dispose of both the appeals by this common judgment.

(3.) THE brief facts in a short campus can be described as under : Maruti car bearing registration No. ML-05-C-3592 was owned by the husband of the claimant-respondent No. 1 herein and on 24. 2. 2005 at about 7. 30 am while she was driving the maruti car as aforesaid from Beltola side to Ahomgaon opposite Balaji temple met with an accident dashing against a truck bearing registration No. AS-01-R2197 coming from the opposite direction. As a result, the claimant-respondent No. 1 sustained injury and vehicle got damaged. The truck was insured with the M/s. National Insurance Co. Ltd. , the appellant herein under Policy No. 200100/31/04/6/0315 valid up to 27. 11. 2005. A police case was registered. The claimant-respondent on account of sustention of injuries on her person filed a claim petition under Section 166 of the Act claiming compensation to the tune of Rs. 11,68,743/ -. Usual notices were sent to the owner of the vehicle, the respondent No. 2 and the appellant. Respondent No. 2 in spite of receipt of the notice failed to contest the claim and as such an application under Section 170 of the Act was filed to take defence on all grounds available to the owner which was allowed by the tribunal. The appellant, the insurer of the vehicle contested the claim by filing written statement. On the pleadings the tribunal framed as many as six issues for decisions. During inquiry the tribunal received evidence from both the sides and awarded the compensation to be paid by the appellant as indicated above with interest from the date of the filing of the petition until realization.