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2012 Supreme(Gau) 976

ANIMA HAZARIKA
Padam Bahadur Rana – Appellant
Versus
National Insurance Company – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. K. Bhattacharjee, Mr. S. Khan & Mr. S. Ghose, Advocates
For Respondents/Defendant:Mr. R. Goswami, Mr. B.I. Ghosh, Mr. T. Kalita & Mr. I. Barroah, Advocates

Judgement Key Points

Key Points: - Point 1 (!) - Point 2 (!) - Point 11 (!)

What is the maintainability of a Section 163-A claim by an owner-driver seeking compensation for injuries arising from his own accident?

What is the proper forum for claims under Section 163-A when the policy includes owner-driver personal accident cover?

What is the jurisdiction of the Motor Accidents Claims Tribunal to adjudicate a Section 163-A claim where no third party is involved?


JUDGMENT

Anima Hazarika, J.

1. In this appeal the appellant/claimant has challenged the judgment dated 30.7.2007 passed in MAC Case No. 203/2005 by the learned Member, Motor Accidents Claims Tribunal, (MACT for short), Sonitpur, Assam. Brief fact of the case is that on 17.5.2004 the appellant was riding his scooter bearing registration No. AS 12B 4220 from Lokra towards Tezpur. When the appellant reached Khelmati NH 52 at about 10 AM, suddenly a cow appeared before the running scooter and while the appellant was trying to save the cow, his scooter got capsized and he fell down. As a result, he sustained grievous injuries on his person and was taken to Kanaklata Civil Hospital at Tezpur by the local people. He was treated for about 6 months by different doctors and spent about Rs. 50,000/- for such treatment. The accident caused multiple injuries on different parts of his body for which he could not do any hard work which has affected his earning. His scooter was insured with National Insurance Company Limited, Tezpur Branch, Tezpur vide policy No. 200201/31/04/6700756 for the period w.e.f. 13.05.2004 to 12.05.2005.

2. Relying on the insurance policy the appellant filed a claim petitio
































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