ORIENTAL INSURNCE CO LTD, REPRESENTED BY REGIONAL MANAGER Vs. DILIP RABHA AND 2 ORS, S/O SOMESWAR RABHA

JUDGEMENT

(1.) By this appeal preferred under section 173, Motor Vehicles Act, 1988, as amended, (the Act, in short), the judgment and award dated 26.03.2018 passed by the learned Member, Motor Accident Claims Tribunal (the Claims Tribunal, in short), Goalpara in MACT Case No. 288/2006 is assailed. The Claims Tribunal had awarded an amount of Rs. 4,56,800/- as compensation along with interest @6% per annum from the date of filing of the claim application on 31.07.2006 till the date of payment and the appellant herein who was the insurer of the vehicle bearing registration No. AS-18-6315 (Bus) was asked to satisfy the said award.

(2.) The facts leading to the institution of the case are that on 05.03.2004, at about 8.30 p.m., the Claimant, Dilip Rabha was proceeding from Dudhnoi to Agia as a passenger of the vehicle bearing registration No. AS-18/6315 (Bus) and when the said bus reached near Salpara Jungle on NH-37, the bus met with an accident. As a result of the said accident, Dilip Rabha as well as some other passengers of the bus sustained injuries. The claimant was taken to Goalpara Civil Hospital for medical treatment. It is stated that the claimant suffered head injury, comminuted fracture hip joint, fracture through transverse processes, fracture through left sacral, central herniation of L4/5 disc with thecal and neural foraminal indentation and other injuries. It is also stated that the said accident had occurred due to rash and negligent driving on the part of the driver of the offending vehicle. In connection with the said accident, a police case being Dudhnoi Police Station Case No. 29/2004 was registered under section 279/338/304A, IPC against the driver of the bus, Md. Mahasen Ali. Stating that the resultant effect of the injuries sustained by the claimant in the said accident made him permanently disabled, the claimant, who is the respondent No. 1 herein, had instituted the claim application under section 166 of the Act before the Claims Tribunal claiming an amount of Rs. 10,00,000/- as compensation. The said claim application was registered and numbered as MACT Case No. 288/2006. The insurer, the owner and the driver of the bus were impleaded as opposite party Nos. 1, 2 and 3 respectively. In support of his claim that he had suffered permanent physical disablement, C.W.1 i.e. the claimant exhibited a certificate from the District Standing Medical Board, Goalpara as Ext.-22.

(3.) On receipt of notice from the Claims Tribunal, all the opposite parties appeared and contested the claim application by filing the written statements raising various objections. The appellant-insurer by filing written statement had raised the contention that the expenses and the compensation claimed by the claimant were excessive and had no material basis. By filing the written statement jointly, the driver and the owner of the offending vehicle (Bus) stated that the accident was an unfortunate accident but there was no rash and negligent act on the part of the driver of the bus. It further contended that the vehicle being insured with Oriental Insurance Company Ltd., the appellant, under a valid policy of insurance with validity up to 18.03.2004, in the event any compensation is awarded, the owner was entitled to be indemnified by the insurer of the vehicle. It further contended that the vehicle was driven by an experienced driver who had a valid and effective driving license, DL-715-GLP/F with validity up to 20.06.2004.