JUDGMENT :

Heard Mr. A.J. Saikia, learned counsel for the appellant/Insurance Company along with Mr. A. Dhar, learned counsel for the respondent No.1/claimant.

2. The instant appeal is against the judgment and award dated 02.04.2014 passed by the learned Member, Motor Accident Claim Tribunal, Nagaon (Assam) in MAC Case No. 195/06, wherein the appellant was made jointly liable with the owner of the vehicle, to make payment of Rs.1,01,401/- within a period of 3 (three)months from the date of Judgment, failing which with an interest @ 7% per annum from the date of filing of the claim petition. The learned Tribunal also held that the claimant was also entitled to Rs.1,000/- as cost of proceeding.

3. The facts of the case in brief is that on 13.05.2005 while the claimant was standing in front of Pandit Hotel, rail road a vehicle bearing New Tata Spacio ST coming at a high speed from GNB road dashed the claimant. As a result of the accident, the claimant sustained multiple injuries and was immediately taken to the B.P Civil Hospital, Nagaon and on the same day he was transferred to GMCH, Guwahati. The claimant then filed the claim application under 166 of the M.V. Act for the injury sustained by him in the accident to meet the expense for medical treatment cause due to rash and negligence driving by the driver of the New Tata Spacio ST own by Mr. Ponaram Keot.

4. The Insurance Company contested the claim by filing the written statement by denying the facts of the case and that the driver of the vehicle had no valid driving license and no cover note for the offending was issued by the company and thus was not liable to indemnify the claimant. The owner of the vehicle was arrayed as O.P. No.1 in the MAC Case while the Insurance Company was arrayed as O.P. No.2, none had appeared on behalf of the O.P No.1 and the case had proceeded ex-parte against O.P. No.1.

The following issues were framed by the learned tribunal:

1. Whether the claim petition is maintainable ?

2. Whether the accident occurred due to rash and negligent driving of the driver of vehicle New Tata Spacio ST ?

3. Whether the claimant is entitled to receive compensation and if so to what extent and who is liable to pay the same?

5. The claimant produced 3 (three) witness before the learned tribunal while the O.P. No. 2/Insurance Company examine one defence witness.

6. Having consider the evidence adduce by both the parties, the learned tribunal decided all the issues in favour of the claimant and held that the offending vehicle New Tata Spacio ST was driven in a rash and negligent manner resulting in the accident, which injured the claimant and caused him to suffer 45% permanent disability due to Chronic Osteo-arthritis right ankle and knee. The learned Tribunal perused the medical documents and vouches and accepted Rs.12,401/- as expenses for his treatment. The learned Tribunal also found the age of the claimant to be 42 years at the time of the accident. The compensation amount was calculated by applying multiplier 15 to his monthly income, which was taken to be Rs.3,000/-and 15% for loss of income because of his 45% permanent disability, Rs.7,000/- was added for pain and suffering caused due to the accident. Thus the learned Tribunal calculated a total amount of Rs. 1,01,401/-, wherein, both the Opposite parties were found jointly liable to make the payment within a period of 3 (three) months, failing which an interest @ 7% per annum from the date of the filing of the claim petition was imposed.

Aggrieved, the appellant Insurance Company has filed the instant appeal.

7. Mr. A.J. Saikia, the learned counsel for the appellant submits that the impugned Judgment & Award dated 02.04.2014 is liable to be set aside since the vehicle New TATA Spacio ST, involved in the accident, was not insured with the National Insurance Company/appellant. He submits that the alleged cover note No.091560 dated 01.04.05, shown in favour of the said vehicle TATA Spacio ST, was not issued by the Insurance C