UNITED INDIA INSURANCE COMPANY LTD Vs. MD AKSED ALI

JUDGEMENT

(1.) Heard Mr. H. Buragohain, learned counsel appearing on behalf of Mr. S. S. Sharma, learned Senior Counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent No. 1 and Mr. A. Dutta, learned counsel for the respondent No. 5.

(2.) This is an appeal, under Sec. 173 of the Motor Vehicle Act, 1988, against the judgment and award dtd. 28/11/2014, passed by the learned Member, Motor Accidents Claims Tribunal, Bongaigaon, in MAC Case No. 129/2012, directing the appellant/insurer to pay a sum of Rs.62,750.00, i.e. the 50% of total awarded amount of Rs.1,25,499.00, along with the interest @ 6% per annum from the date of evidence till realization.

(3.) The brief facts, leading to filing of the present appeal, is that on 4/5/2012, while the respondent No. 1/injured- Aksed Ali was going towards his office from his residence by riding his elder brother's motorcycle, bearing Registration No. AS-19B-5632, and while he reached on the National Highway 31(B), Jogighopa, in front of Kiron Weigh Bridge, the driver of the offending vehicle, bearing Registration No. AS-25-0359 (Truck), coming from the opposite direction in a rash and negligent manner, collided with the motorcycle. As a result of which, the respondent No. 1 sustained grievous injuries on his head, legs and other parts of the body. Thereafter, he was brought to Cholontapara Mini PHC, but due to his serious condition, he was shifted to Solace Hospital, Goalpara. Thereafter, he was referred to Hayat Hospital, Guwahati, where he was admitted on 5/5/2012 and subsequently was discharged from the hospital on 22/5/2012. At the time of accident, he was 22 years of age and was working as a Manager of Anil and Shonti Transport Company Ltd. and his monthly income was Rs.6,000.00 per month. But, after the accident, he became permanently disabled and unable to do his normal work. He incurred huge expenditure on his treatment. Thereafter, a case was registered, vide Jogighopa P.S. Case No. 95/2012, under Ss. 279/338/427 of the Indian Penal Code, against the driver of the offending vehicle (Truck). It is further stated that at the time of accident, both the vehicles were covered under valid insurance policy and accordingly, vide the claim petition, the respondent No. 1 claimed for Rs.7,35,000.00 towards compensation.