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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SUSMITA PHUKAN KHAUND
Oriental Insurance Co. Ltd – Appellant
Versus
Niva Gogoi – Respondent
| Table of Content |
|---|
| 1. jurisdiction issues in claim petitions. (Para 1 , 4 , 8) |
| 2. liability of insurer over driver negligence. (Para 2 , 3 , 18) |
| 3. importance of evidence in establishing claims. (Para 6 , 12 , 17 , 20 , 30) |
| 4. role of medical evidence in assessing compensation. (Para 21 , 27 , 28) |
| 5. modification of compensation awarded. (Para 32 , 33) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
The appellant in this case is the insurer i.e. Oriental Insurance Company Ltd. whereas the respondents are 1) Smti Niva Gogoi, claimant, 2) Shri Mirajul Alem, owner of the scooty No. AS-01-BW- 3874 and 3) Shri Subhash Singha, driver of the same scooty. The insurer is aggrieved by the Judgment and Award dated 29.08.2022 passed by the learned Member, Mokakchung, Nagaland in connection with MAC Appeal No.18/2019. It is contended that the claimant is not entitled to an award of Rs. 8 Lacs with interest thereon. The claim was not maintainable and ought to have been dismissed at the threshold for want of jurisdiction as the accident allegedly occurred at Guwahati and the claimant is not a resident of Nagaland.
2. It is further contended that the claimant has failed to prove rash and negligent act of the driver of
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