NATIONAL INSURANCE COMPANY LIMITED Vs. SHRI KHAGEN CHANDRA DAS & OTHERS
LAWS(GAU)-2018-10-62
HIGH COURT OF GAUHATI
Decided on October 23,2018

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Shri Khagen Chandra Das And Others Respondents

JUDGEMENT

- (1.) Heard Mr. SS Sarma, the learned Senior Counsel assisted by Ms. M. Mazumdar, the learned counsel appearing for the appellant. None appears on call for the respondents.
(2.) By this appeal under Section 173 of the Motor Vehicle Act, 1988 the appellant has challenged the judgment and order dated 30.06.2011 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No.2561/2007.
(3.) The respondent No.1 is the claimant in MAC Case No.2561/2007. In the claim petition, the respondent No.1 projected that on 06.09.2007, while he was standing on the side of the road, a motor cycle bearing Registration No.AS-01-AB-8389 which was driven by the respondent No.3 in a rash and negligent manner, had hit him from behind and as a result he sustained grievous injuries on his person. Hence, the respondent No.1 had filed a case claiming compensation. The respondent No.2 is the owner of the said motor cycle. The appellant, who was the opposite party No.1, by filing their written statement, took the usual plea as to the maintainability, the claim being exaggerated and without any basis and the insurer was not liable to pay any compensation until and unless it was proved that the driver has a valid licence and the conditions of the policy was not violated. By filing additional written statement, the appellant had stated that the respondent No.3, who was driving the motor cycle had a driving licence in respect of Light Motor Vehicle (LMV), which was not for valid driving motor cycle and, as such, denied their liability for violation of the terms and conditions of the policy. The respondents No.2 and 3 had also filed their written statements claiming that the respondent No.3 had a valid licence.;


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