THE PREMIER INSURANCE CO. LTD. Vs. THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AND OHTERS
HIGH COURT OF GAUHATI
The Premier Insurance Co. Ltd.
Member, Motor Accident Claims Tribunal And Ohters
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Baharul Islam, J. -
(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act (hereinafter called 'the Act') is directed against the award given by the Member, Motor Accidents Claims Tribunal (hereinafter called 'the Claims Tribunal') at Jorhat in Motor Accidents Claims Case No. 104 of 1968.
(2.) THE claimant, Lakhikanta Rajkonwar, filed an application before the Claims Tribunal claiming compensation for the injury caused to him in an accident in which he was hit by lorry No. ASJ -3083 belonging to the Respondent No. 3 Kanta Prasad Singh. The upper end of his right thigh bone was fractured into four pieces. He had to be under treatment in the Christian Mission Hospital at Jorhat. He alleged that at the relevant time he was aged 57 years and was working as a Tea Garden Mohurir in the Hunwal Tea Company Ltd. and was drawing a salary of Rs. 350/ - per month. He was expected to be in service for about 7 months from the date of the accident. He incurred expenses of Rupees 2,500/ - for his treatment. He claimed Rs. 30,000/ - in total. The Appellant, the Premier Insurance Company Ltd., is the insurer and the Respondent No. 3 Kanta Prasad Singh, is the insured. The insurer was also made a party to his application. The Appellant filed objection. Its material pleas were as follows:
3. That the claimant sustained the alleged injuries as a result of his own indecision, fault, negligence or carelessness and not due to any fault or lapses on the part of the Vehicle No. ASJ -3083 or its driver.
(3.) THAT the objector does not admit that the claimant's monthly salary is Rs. 350/ - or thereabout or that he is entitled to get the compensation claimed or any portion of it from this answering objector.;
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