MACApp. 8(K)/2016. Gauhati High Court

Case NumberMACApp. 8(K)/2016
Judgement DateMay 17, 2019
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH) KOHI MA BENCH

MAC Appeal No.8 ( K) of 2016

The Oriental I nsurance Co. Ltd. Having its registered and Head Office at Oriental House A- 25/ 27, Asaf Ali Road, New Delhi-110002 and Regional and Divisional Offices in several places, including a Regional Office at Guwahati, Assam and a Divisional Office at Dimapur, in the State of Nagaland.

………….Appellant

  1. Mh. Rahman,

    Son of Md. Saheb,

    R/ o. Sora Mayai Leikai,

    P.S. Thoubal,

    District- Thoubal, Manipur and Presently residing at High School Colony, Kohima, Nagaland.

  2. Shri. Chatuo G.B.,

    Son of Late Vizolhou,

    Presently residing at North Block, House No. C-76,

    District-Kohima, Nagaland.

    (Owner of vehicle No. NLH-2645 (Bus)

    ………….Respondents

    BEFORE

    HON’BLE MR.JUSTI CE S.SERTO

    For the Appellant : Mr. B. Devnath,

    Mr. M. Wabang,

    Ms. Z. Swu,

    Ms. Asenla

    Mr. P. Devnath, Advocates

    For the Respondent No.2 : Mr. V. Theyo, Adv.

    MAC Appeal No. 8 (K) of 2016 Page 1 of 5

    -Versus-

    Date of hearing : 17-05-2017 and Judgment

    JUDGMENT & ORDER

    (Oral)

    This is an appeal under section 173 of the Motor Vehicle Act, 1988, directed against the judgment and order dated 30.08.2016, of the learned Member MACT, Kohima, passed in MAC Case No. 2/ 2011.

  3. Heard Mr. B. Devnath, learned counsel for the appellant. None appears on behalf of the respondents. Though, notice was published in two local newspapers namely, the Nagaland Post and the Eastern Mirror on two consecutive days.

  4. Facts leading to the appeal briefly stated are as follows;

    On 20.08.2010, the respondent No. 1, Md. Rahman while driving a Mini Bus bearing registration No. NLH-2645 belonging to the respondent No.2 met an accident near High School Junction Petrol Pump, Kohima due to break failure of the vehicle and sustained injuries over his body, therefore, he was evacuated to Naga Hospital where he was admitted and treated for compound facture of right patella tibia till 28.08.2010. I nspite of the treatment, the respondent No.1 suffered 100% disablement of his right leg, therefore, loss his earning capacity and his job of a driver.

    Having suffered such disablement due to used of vehicle he filed a petition before the learned Member MACT, Kohima under section 166 and 140 of the Motor Vehicle Act, 1988 claiming compensation amount of Rs. 12,10,000/ - from the respondent No. 2 and the I nsurance Company namely, the Oriental I nsurance Company Ltd., the present appellant with...

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