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IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT SONITPUR:

MAC Case No. :- 111 of 2013

Present : Mridul Kumar Kalita, AJS Member, MACT, Sonitpur/ District Judge, Sonitpur Tezpur

Claimants : Md. Raju Sarkar, S/O Late Akkas Ali Sarkar, Resident of village- Professor Colony, Mouza & PS- Dhekiajuli, Dist. Sonitpur,

-Versus- Opposite Parties 1. Md. Osman Gani, S/O Late Nawsar Ali, Village – Santipur Gaon, Near Maszid, Mangaldai, PO & PS- Mangaldai, Dist. Darrang, Assam [Owner of vehicle No. AS-13- A-5996(Bus)]

2. Sri Bijay Kr. Boro, S/O Late Sochidhar Boro, Village – Nizmugal Bessa, PS- PS- Mangaldai, Dist. Darrang, Assam [Driver of vehicle No. AS-13-A- 5996(Bus)]

3. United Insurance Co. Ltd., Mangaldai Branch, [Insurer of vehicle No. AS-13- A-5996(Bus)]

Counsel for the Claimant : Md. Nijamuddin, Advocate.

Counsel for OP No.1 & 2 : Mr. P. Singh Sethi, Advocate.

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For the OP No. 3 : Mr. S.K. Singh, Advocate

Date of hearing : 10/09/2015

Date of Judgment : 28/09/2015

J U D G M E N T

1. This instant claim petition has been filed by the claimant, Md. Raju Sarkar, u/s 166 of the Motor Vehicles Act, 1988 (as amended) claiming compensation for the injuries sustained by him, in an accident, on 25-10-2012, involving a vehicle bearing Registration No. AS-13-A- 5996(Bus).

2. The case of the Claimant, in brief, is that, on 25-10-2012, at about 11 a.m. when the claimant was standing at Bhebarghat Bus Stand, on National High Way No. 52, a vehicle bearing Registration No. AS-13-A-5996(Bus) was coming from back side being driven by its driver in rash and negligent manner, suddenly knocked him down and as a result of which, the claimant sustained grievous injuries in different parts of the body and also sustained multiple fracture on hands, legs, head and chest. The claimant was taken to Mangaldoi Civil Hospital. Thereafter, the claimant was admitted at Skylark Hospital at Tezpur for his treatment. He took treatment at Tezpur, Dhekiajuli, Mangaldoi and he spent about Rs. 50,000/- for his treatment and the treatment is still going on. It is also stated in the claim petition that the claimant is a daily labourer and also a businessman and used to earn Rs. 6000/- only per month. It is also stated that the accident took place due to rash and negligent driving of the driver of the offending vehicle and the Opposite parties are jointly liable to pay compensation to the claimant and prayed compensation to the extent of Rs. 5,00,000/- only.

3. The Opposite Party Nos. 1 & 2 have filed their written statement jointly, inter-alia, denying that claimant Md. Raju Sarkar sustained injuries in the alleged accident as mentioned in the claim

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petition. It is also stated that if the claimant had sustained injury, it has been caused due to gross negligence on the part of the claimant. It has been further stated that liability arising out of the said accident, if there be any, ought to be borne by OP No.3, with which said vehicle was duly insured (United India Insurance Company Ltd.) vide Policy No.130703/31/11/01/00007035 valid upto midnight of 19-12-2012.

4. The O.P No. 3, United India Insurance Company Ltd, in its written statement, denied all material averments of the claim petition and pleaded, inter-alia, that the amount of compensation claimed by the petitioner is highly exaggerated and speculative. It is also alleged that the accident was not true and the injuries sustained by the claimant, treatment of his injuries and expenditure incurred for treatment are all false and baseless. It is stated that the alleged accident did not took place due to rash and negligent driving of the driver of vehicle No. AS- 13-A-5996(Bus) and the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident, therefore, the Opposite Party No. 3 is not liable to pay and compensation to the claimant in law and equity on account of the alleged accident.

5. It appears from the record that though the issues were framed on 12-05-2014, however the memorandum of issues was missing from the case record. However, when the parties led evidence it appears that both sides knew each other’s case and none of the parties is prejudiced due to missing memorandum of issues. For the sake of convenience following issues are framed:- ISSUES i) Whether the claimant Md. Raju Sarkar sustained injuries as a result of accident of the vehicle, bearing registration No. AS-13-A-5996(Bus) as alleged?

ii) Whether the claimant is entitled to any compensation, as prayed for, and if yes, from whom and to what extent?

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6. During enquiry, the claimant examined two witnesses namely, the claimant Md. Raju Sarkar himself as CW 1 (Claimant’s Witness No.-1) and Sri Akash Sarmah as CW 2 (Claimant’s Witness No.- 2).

7. I have carefully perused the entire materials brought on record, heard both sides. Both the issues are taken up together for discussion and decision, for the sake of convenience and brevity.

8. In his evidence on affidavit CW 1 has reiterated the facts which he has stated in his claim petition that on 25-10-2012, at about 11 a.m. when he was standing at Bhebarghat Bus Stand, Mangaldoi on National High Way No. 52, a vehicle bearing Registration No. AS-13-A- 5996(Bus) was coming from back side being driven by its driver in rash and negligent manner, suddenly knocked down him, as a result of which, he sustained grievous injuries in different parts of body and also sustained multiple fracture including hands, legs, head and chest. He was taken to Mangaldoi Civil Hospital. Thereafter, he was admitted at Skylark Hospital at Tezpur for his treatment. He took treatment at Tezpur, Dhekiajuli, Mangaldoi and he spent about Rs. 50,000/- for his treatment and the treatment is still going on. It is also stated in the evidence-in-affidavit that he is a daily labourer and also a businessman and used to earn Rs. 6000/- only per month. The accident took place due to rash and negligent driving of the driver of the offending vehicle and the Opposite parties are jointly liable to pay compensation to him and prayed compensation to the extent of Rs. 5,00,000/- only. The CW 1 also exhibited Accident Information Report as Ext. 1, Advice slip of Mangaldoi Hospital as Ext. 2, Discharge certificate of Skylark Hospital as Ext. 3, Medical report and prescription as Ext. 4(i) to 4(iv), Cash memos and money receipts as Ext. 5(i) to 5(ix) amounting to Rs. 11,341.00.

During cross-examination, by United India Insurance Co. Ltd., CW 1 has stated that he has not submitted any permanent

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disability certificate. He has also stated that he was not travelling in any vehicle on the date of the accident. He has also stated that Ext. 5(i) and 5(vii) do not bear any date of issuance of cash memo.

9. CW 2 Sri Akash Sarmah, has also reiterated the facts deposed by CW 1 during his evidence-on-affidavit. He has also specifically stated that when the claimant was standing at Bhebarghat Bus Stand, Mangaldoi on National High Way No. 52, a vehicle bearing Registration No. AS-13-A-5996(Bus) was coming from back side being driven by its driver in rash and negligent manner and suddenly knocked down the claimant, as a result of which, the claimant sustained grievous injuries in different parts of body and also sustained multiple fracture including on hands, legs, head and chest. Thereafter, the injured was taken to Mangaldoi Civil Hospital. The accident took place due to rash and negligent driving of the driver of the offending vehicle and he saw the incident. During cross-examination by OP, CW2 has stated that he do not know the registration number of the offending vehicle. He has not gone anywhere with the claimant. He has stated that the bus involved in the accident was an Ultra Bus.

10. On perusal of Ext. 1, it appears that at the time of accident, i.e., 25-10-2012, at about 11 a.m., the vehicle No. AS-13-A- 5996(Bus) was insured with the United India Insurance Co. Ltd. (OP No. 3 of this case) with Policy No. 130703/31/11/01/00007035 valid upto midnight of 19-12-2012. It also appears that the driver of the said vehicle namely Sri Bijay Kr. Boro was having a valid driving license with D/L No. T 269/DJM/99 valid upto 14-02-2014. It also appears that a Mangaldoi P.S. Case No. 679/12 u/s 279/338 of IPC has been registered in connection with this accident.

11. Now, considering the evidence of the claimant’s witnesses which, more or less, remained unshaken during cross- examination, as well as considering the Accident Information Report i.e.

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Ext. 1 submitted by the Traffic in charge of Mangaldoi Police Station, it is not difficult to arrive at the conclusion that the vehicle bearing Registration No. AS-13-A-5996(Bus) was involved in the accident and the claimant sustained injuries, on his person, in that accident. Both the claimant witness have deposed that the offending vehicle knocked down the claimant from back side. From this alone, the negligence on the part of the driver of the offending vehicle can be inferred. Though the Opposite Party has pleaded that there was contributory negligence on the part of the claimant, however, the Opposite Party led no evidence to substantiate this plea, therefore, there is no difficulty to arrive at the conclusion that there was negligence on the part of the driver of the offending vehicle. As the claimant suffered injuries in the said accident he is entitled to get compensation u/s 166 of the M.V. Act. The fact that the vehicle bearing Registration No. AS-13-A-5996(Bus) was insured with the Opposite Party No.3, The United India Insurance Co.Ltd, Mangaldoi Branch, is not in dispute. Hence, the Opposite Party No. 3, namely, United India Insurance Co. Ltd, is liable to pay the compensation, computed herein below, to the claimant.

12. The claimant has exhibited the vouchers amounting to Rs. 11,341.00, however, as Ext. 5(i) amounting to Rs. 374.20 and Ext. 5(vii) amounting to Rs. 80/- are undated, therefore, the said amount is deducted from the total computed amount of Rs. 11,341.00 = which comes to Rs. 10,886.80. Claimant is entitled to the said amount. Besides the pecuniary damages claimant is also entitled to some amount of non- pecuniary damages on account of pain, shock and suffering. It appears from the materials on record that the claimant suffered fracture injury therefore, in my considered opinion Rs.10,000/- would be a just amount against non-pecuniary damages on account of pain, shock and suffering. Considering the nature of injuries sustained by the claimant, expenditure incurred thereon and the facts and circumstances of the case, just and reasonable compensation to which the claimant would be entitled in the instant case is assessed as under:-

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1. Medical Expenses : Rs. 10,886.80 2. Pain, shock and suffering : Rs. 10,000.00 3. Total : Rs. 20,886.80 (Rounded off to Rs.21,000.00)

A W A R D

13. An amount of Rs. 21,000.00/- (Twenty One Thousand only) is awarded with interest @ 7.5% p.a. from the date of filing the claim petition, i. e. 04-07-2013, till payment. The opposite party No. 3, United India Insurance Co. Ltd, is directed to pay the award to the claimant, within two months from the date of order.

14. Judgment & Award is pronounced in open court, written on separate sheets and enclosed with the case record. 15. Given under my hand & seal of this Tribunal on this the 28th day of September, 2015.

(M.K. Kalita) Member, MACT, Sonitpur, Tezpur.

Dictated and corrected by me.

(M.K. Kalita) Member, MACT, Sonitpur, Tezpur. Dictation taken and transcribed by me:

R. Hazarika, Steno

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