ORIENTAL INSURANCE CO LTD Vs. MOHAN SINHA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel assisted by Ms. M. Choudhury for the appellant. Also heard Mr. K. Sarma, learned counsel for the respondent claimant.

(2.) This is an appeal against the Judgment & Award dated 13.12.2013 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur Tezpur in MAC Case No. 286/2009.

(3.) Brief facts of the case is that on 18.08.2008, the claimant respondent at about 1:00 PM left for Guwahati from Missamari alone by his Maruti Van bearing registration No. AS-01-AD/1739. When he reached near CMP Gate, Army Camp, Chansari at about 4:00 PM, the sunlight coming from the opposite direction disturbed his vision and as a result, he lost control of the vehicle and skidded off the road and the vehicle overturned on the road side. Due to the accident, he sustained multiple grievous injuries on his head, chest, hands and legs. He was immediately taken to Dispur hospital, Guwahati where he was admitted for 15 days. His right hand was severely fractured and for which, a major surgical operation was done and a rod was implanted. Even after he was discharged on completing 15 days hospitalization, he was admitted back in the hospital for further treatment for a period of one week. He therefore filed a claim application before the Motor Accident Claims Tribunal (the Tribunal), Sonitpur, Tezpur claiming compensation to the tune of Rs. 3 lakhs under Section 163-A of the Motor Vehicles Act, 1988 (MV Act). The respondent claimant arrayed the insurer of the accident vehicle as opposite party No. 3. The insurer filed its written statement denying liability to pay the respondent claimant any compensation. The claimant respondent examined himself as the sole claimant witness, while the Insurance Company did not examine any witness. Consequently, vide the impugned Judgment dated 13.12.2013, the Tribunal awarded a sum of Rs. 2 lakhs to the respondent claimant, as compensation along with interest @ 9% per annum from the date of filing the claim application. The Tribunal also awarded a sum of Rs. 1,000/- to the respondent claimant towards the cost of proceedings. Aggrieved with the judgment and award, the insurer of the accident vehicle is before this Court in appeal.