Point of Law: To avoid its liability towards insured, insurer has to prove that insured was guilty of negligence and failed to exercise reasonable care in matter of fulfilling condition of policy regarding use to vehicle by duly licenced driver.

JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Ms. A.G. Choudhury, learned counsel for the respondent No. 1 (claimant). None has appeared for the respondent Nos. 2 and 3.

2. This appeal is directed against the judgment and order dated 23-09-2016 passed by the learned Member, MACT No. 1, Kamrup at Guwahati in connection with MAC Case No. 1535/2012 awarding a sum of Rs. 1,91,000/- as compensation for the injuries suffered by the claimant in a motor accident which occured on 15-04-2012.

3. Mr. Goswami, learned counsel for the Insurance Company/ appellant submits that this appeal is not on quantum of compensation but the basic ground urged in this appeal is pertaining to the fact that the driver of the vehicle did not have a valid license on the date of accident and to that extent, the Insurance Company does not have any liability in the matter.

4. The basic facts of the case are more or less undisputed. On 15-04-2012, the claimant/ respondent No. 1 had met with an accident while he was proceeding in a motorcycle bearing number AS-01/AT-2943 on being hit by a TATA Spacio bearing number AS-01/R-9342 which was being driven in high speed and in a rash and negligent manner by the respondent No. 3. As a result of the said accident, the claimant had sustained grievous injuries. He was rushed to the nearby hospital where he had received medical treatment. Subsequently, the claimant was also admitted in the GNRC Hospital at Guwahati wherein, he had to undergo prolonged medical treatment. Since the TATA (Spacio) vehicle was insured with the appellant, hence, the claimant had raised a claim against the Insurance Company.

5. The OP No. 1, i.e. the owner of the vehicle as well as the Insurance Company had appeared before the learned Tribunal and submitted written statement. However, the OP No. 2, i.e. the driver of the offending vehicle did not enter appearance in the claim case, as a result of which, the claim petition proceeded ex-parte against him.

6. Based on the evidence available on record, the following two issues were framed for a decision in the MAC Case No. 1535/2012 :

1. Whether the claimant, Dipjyoti Borah @ Deepjyoti Bora, sustained injuries in the alleged road accident dated 15.04.12 involving vehicle no. AS-01/R-9432 (Tata Spacio) and whether the said accident took place due to rash and negligent driving by the driver of the offending vehicle?

2. Whether the claimant is entitled to get any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?

7. During trial the claimant had examined himself as PW-1 and another eye witness as PW-2 and also produced documentary evidence in support of the expenditure incurred by him in connection with medical treatment. Since there is no dispute as regards the amount claimed by the claimant, hence, it would not be necessary for this Court to embark upon a detail discussion as regards the sufficiency of the evidence adduced by the claimant in support of his case.

8. The Insurance Company had called one witness, viz. Ms. Lohita Kutum, Administrative Officer, who was examined as DW-1. The DW-1 had produced the RTI reply issued by the licensing authority to show that the driving license bearing number DL No. 2824/NB/2006/Prof (Misc) issued by the District Transport Officer (DTO), Nalbari in the name of the OP No. 2 (driver) on 31-12-1999 was valid till 30-12-2002, which was subsequently renewed on 03-05-2006 making the same valid up to 02-05-2009. However, there was no record to show that the driving license was renewed beyond 02-05-2009. Based on the aforesaid RTI reply obtained by the Insurance Company from the concerned DTO, the appellant had urged before the learned Tribunal that the driving license of the driver had expired as on the date of accident.

9. Taking note of the materials available on record including the accident information report, the vouchers and bills of medical treatment produced by th