MACApp. 2(K)/2016. Gauhati High Court

Case Number:MACApp. 2(K)/2016
Judgement Date:May 25, 2020
Court:Gauhati High Court
 
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I N THE GAUHATI HI GH COURT

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

MAC Appeal No.2 ( 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. Shri Moatemsu,

Son of Talichuba,

R/ o Tuliyong Ward, H.No. 158,

P.O & P.S Tuli,

District-Mokokchung,

Nagaland

2. Shri Sakutemjen,

Son of Late Lendatuba,

R/ o Medical Ward,

Changtongya,

District – Mokokchung, Nagaland

(Owner of Vehicle No. NL-02/ C 5622 (Maruti Car)

3. Shri Rongsenpokba,

Son of Akangtemjen,

R/ o Longmisa Village,

H.No. 501,

Mokokchung, Nagaland,

(Driver of Vehicle No. NL-02/ C 5622 (Maruti Car)

………….Respondents

BEFORE

HON’BLE MR.JUSTI CE S.SERTO

For the Appellant : Mr. B. Devnath,

Mr. M. Wabang,

MAC Appeal No. 2 (K) of 2016 Page 1 of 8

-Versus-

Ms. Z. Swu,

Mr. Vikramjeet Devnath,

Ms. Priyanka Devnath, Advocates

For the Respondent No.1 : Mr. Temjen,

Mr. Tongpok Pongener,

Mr. E.Thiba Phom,

Mr. S.Reopi Sangtam, Advs.

Date of hearing : 25.05.2017 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 15.02.2016, of the learned Member MACT, Mokokchung, passed in MAC Case No. 4/ 2015.

2. Heard Mr. B. Devnath, learned counsel for the appellant/ Oriental I nsurance

Company Limited and also heard Mr. E. Thiba Phom, learned counsel for the respondent/ claimant.

3. The undisputed facts leading to the institution of the MAC Case No. 4/ 2015 and

this appeal are as follows;

On 04.09.2014, at about 5:30 A.M. while the respondent/ claimant was riding a Motor cycle (Entizer) bearing Registration No. MN-01-M-7548 at Tuli N.H No.2 he was hit by a Maruti Car bearing Registration No. NL-02-C-5622 driven by Mr. Rongsenpokba, and as a result, the respondent/ claimant sustained head injuries and was taken to Aditya Diagnostic & Hospital Dibrugarh, Assam where he was treated in the Neurosurgery department from 04.09.2014 to 18.10.2014. Thereafter, the respondent/ claimant filed the MAC Case No.4/ 2015, before the learned Tribunal MACT, Mokokchung, under section 166 of Motor Vehicle Act, 1988, claiming compensation to the tune of Rs. 13,78,000/ - for having suffered 50% permanent disability due to the accident. The respondent/ claimant supported his claim by filing accidental information report prepared by the Officer-in-Charge of Tuli Police Station, in whose jurisdiction the accident is alleged to have occurred and also filed insurance certificate cum Policy of the Maruti Car (offending vehicle) to show that such accident is covered under

MAC Appeal No. 2 (K) of 2016 Page 2 of 8

I nsurance Policy, and his driving license and the driving license of the offending vehicle. He also filed a certificate for disability issued by the Doctor of I mkongliba Memorial District Hospital, Mokokchung, Trade Permit issued by the Tuli Town Council, seizure memo prepared by the Police for the offending vehicle, admit card for appearing in the HSLC issued by the NBSE for prove of Date of Birth.

The case was contested by the present appellant by filing written statement stating that the there was contributory negligence on the part of the respondent/ claimant and that the respondent/ claimant’s claim of his monthly income should be put to strict prove. Two witnesses were examined by the respondent/ claimant, one was himself and the other was Police Officer who...

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