JUDGMENT :

MALASRI NANDI, J.

1. This appeal has been directed against the Judgment and order dated 25.10.2010 awarding compensation of Rs. 1,61,000/- passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No. 1542/2005.

2. The brief facts of the case is that on 17.12.2003, the claimant was riding a motorcycle bearing Registration No. AS-01/L-8432 from Guwahati to Changsari and when he reached Silemahekhaity, all of a sudden, he lost control over the vehicle and the said vehicle fell by the side of the road. As a result of the said accident, the claimant sustained grievous injuries on his person and he was admitted to the hospital. After the accident, the Kamalpur P.S. recorded G.D.E. vide No. 261 dated 17.12.2003. At the relevant time of the accident, the alleged vehicle was duly insured with the National Insurance Company Limited.

3. During the trial, the National Insurance Company Limited has submitted their written statement wherein the Insurance Company has stated that the claim petition is not maintainable under Section 163A of the Motor Vehicles Act, as the injured driver who is the claimant was himself driving the vehicle and the accident occurred as he lost control ov