Sri P.K. Phukan, Member, MACT-1, Kamrup

EVIDENCE AND MATERIALS
On the basis of the pleadings, the following issues are framed for
adjudication :-
1 Whether claimant, Farhad Ali, sustained injuries in the alleged road
accident dated 14.03.05 involving the vehicle No. AMU-1493 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 receive any compensation and if
yes, to what extent and by whom amongst the respondents, the said
compensation amount will be payable ?
To prove the case, claimant has examined himself as PW-1 and
produced number of documents. The OP, insurer also examined DW-1 as a
witness.
I have heard argument for the claimant side and perused the
evidences and documents and upon consideration of the same the following
issues are decided as under :-
ISSUES NO 1 & 2
DECISIONS AND REASONS THEREOF
Both the issues were taken up together for discussions and decisions
for the sake of convenience and brevity.
2
There is no dispute regarding the injury sustained by Farhad Ali in the
accident which occurred on 14.03.05 at about 8.00 AM involving vehicle no.
AMU-1493. It has been averred by the claimant in the claim-petition and
stated in his evidence that on the fateful day at about 8.00 AM when he out
from his house to go to Bhagarbari was hit by the offending vehicle, as a
result of which he sustained grievous injuries. His evidence is that the
vehicle was driven by the driver in a rash and negligent manner, hit him
from backside. He was immediately taken to Apollo Clinic, Satgaon, after
preliminary treatment he was admitted into GMC Hospital and remained in
the hospital for 10 days. In support of his oral evidence he has proved the
Accident Information Report being Ex-2, FIR Ex-1 and the treatment
documents Ex-3 to Ex-9. The oral evidence of the claimant coupled with the
documents filed by him established that he sustained injuries in the
accident which took place due to sole negligence of the driver of the Truck