IMPORTANT POINT
The court upheld the Tribunal's findings on negligence and compensation but adjusted the medical expenses due to double counting, resulting in a reduced total compensation of Rs. 9,88,600.

JUDGMENT :

Heard Ms. R.D. Mozumdar, learned counsel for the appellant along with Mr. S. Dutta, learned Senior Counsel assisted by Ms. I. Das, learned counsel for the respondents.

2. This is an appeal filed against the Judgment dated 05.02.2021 passed by the learned Member Motor Accident Claims Tribunal No. 1 Kamrup (M), Guwahati in MACT Case No. 264/2017, wherein the learned Tribunal had awarded a sum of Rs. 10,68,000/-with interest @ 6% p.a. to the claimant from the date of filing a claim petition till payment. The present appellant/Oriental Insurance Company Ltd. was directed to pay the awarded amount to the claimant within 2 (two) months from the date of the order. Aggrieved by this awarded amount, the appellant/Insurance Company has filed the instant appeal.

3. The facts of the case in a nutshell is as follows:-

The claimant, Sh. Guru Pada Bhaumik had filed a claim application under Sections 166 & 140 of the MV Act, claiming compensation from the opposite parties No. 1 & 2, who are the owner and driver of the accident vehicle (Motorcycle) bearing registration No. AS-01/BN-4467 and against the opposite party No. 3/Insurance Company to the tune of Rs. 16,35,000/-for the injury sustained by him in an accident which took place at ABC, GS Road, Bhangagarh, Guwahati, in front of Anil Plaza under Bhangagarh Police Station at about 7:00 PM on 27.03.2016.

4. The case of the claimant was that on 27.03.2016, at about 7:00 PM, while the claimant was walking from Christian Basti towards Bhangagarh and when he reached the front of Anil Plaza, he got down from the footpath looking for an Auto rickshaw, when a motorcycle bearing registration No. AS-01/BN-4467, which was driven in a very high speed and in a rash and negligent manner knocked him down from behind, which caused grievous injuries on his body, requiring him to undergo medical treatment in the hospital and at home. Thereafter, the claimant had filed his application before the learned MACT Tribunal since the accident took place due to rash and negligent driving by the driver of the vehicle AS-01/BN-4467. The case was contested by the opposite parties by filing their written statement. The opposite parties No. 1 & 2 are the owner and driver of the offending vehicle and they denied most of the averments made by the claimant. They also contended that the vehicle was duly insured with the Oriental Insurance Company and that the driver had a valid driving license at the time of the accident. Hence, the insurer is liable to indemnify them in the event of any award passed against them. The opposite party No. 3, Oriental Insurance Company disputed the factual aspects of the case and also declined to accept the liability if there was any violation of the terms and conditions of the Insurance Company.

5. From the pleadings of the parties, the following issues were framed by the learned tribunal;

1) Whether the claimant/ injured, Guru Pada Bhowmik, sustained injuries in the alleged road accident dated 27.03.2016 involving vehicle no. AS-01/BN-4467 (Motorcycle) and whether the said accident took place due to rash and negligent driving of 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 ?

6. During enquiry, the claimant examined himself as PW-1 and three other witnesses i.e PW-2, PW-3 & PW-4 and also produced his supporting documents. The contesting opposite parties did not adduce any evidence in support of their case. Thereafter, written argument were filed by the claimant as well as insurance company.

The learned tribunal, after hearing both the parties and on considering the evidence of PW-1 PW-2, PW-3 & PW-4 and the documents exhibited, found that in the FIR and the Police Report exhibited as Ext-1 revealed that the vehicle bearing no. AS-01/BN-4467 was driven in a rash and negligent manner and knocked down the claimant, as a result of wh