GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:

1. The present appeal petition under Section 173 of the MV Act, 1988 has been filed by the claimants/ appellants challenging the judgment and award dated 23.12.2013 passed by the MACT No. 3 Kamrup, Guwahati in MAC Appeal./1738/2009.

2. I have heard learned counsel for the appellant, Mr. K.K Dutta and learned counsel for the respondent No. 3/Insurer, Mr. R. Goswami.

3. Learned counsel for the appellant submits that the appellant as claimant had filed the claim case under Section 166 of the MV Act, 1988 before the MACT Kamrup at Guwahati praying for compensation for the injuries sustained by him in a Motor Vehicle Accident which occurred on 26.11.2008 at Lamugoan on the National Highway 52 under Boginadi Police Station. The owner, driver and insurer of the offending vehicle B/R No. AS-07-A-9324(Specio ST)were impleaded as respondent Nos. 1, 2 and 3 respectively. The claim was registered as MAC Case No, 1738/2009 before the learned member, MACT No. 3 Kamrup Guwahati. All the opposite party contested the case by filing their written statements.

4. That after recording the evidence and hearing the parties, the learned tribunal passed an award for Rs. 2,40,000/- (two lakhs forty thousand) only, vide judgment dated 23.12.2013 as compensation to the claimants/appellant and granted interest on the awarded amount at 6 % per annum from the date of filing the case till realization of the payment to be paid by the opposite party/respondent No. 3.

5. Being aggrieved by the judgment and award dated 23.12.2013 passed by the Member MACT No. 3 Kamrup, Guwahati in MAC No. 1738/2009, the appellant/claimant has come before this Court on the ground that:-

i) the learned tribunal failed to give any reasons or justification for giving such low compensation under medical expenses, loss of earning and pain and suffering and also for not giving any compensation for loss of amenities of life.

ii) that the learned tribunal was not justified in awarding a compensation of only Rs. 2,40,000/- to the claimant who had sustained grievous injurious and had also suffered permanent disabilities to the extent of 40 %.

iii) that the Exhibit No. 47 and 48 pertaining to permanent disabilities were not taken into consideration by the learned tribunal more so when the said Exhibits were neither disputed nor any contrary evidence brought by the respondents.

iv) that the learned tribunal ignored all the other medical expenditure such as conveyance, lodging, fooding expenses of the victim and his attendants, cost of extra nourishment, the fees paid to the consulting Doctors through out the claimant's treatment at the nursing home as indoor patient from 26.11.2008 till 13.01.2009 and four Nos. of operation conducted on the claimant during the period.

v) that the tribunal failed to take into consideration the fact that the claimant/appellant could not continue his job anymore because of sustaining grievous injurious on his person, whereas he had been earning Rs. 5000/- per month as in-charge of a restaurant at Itanagar, Arunachal Pradesh and is now unemployed. The learned tribunal came to a finding that the claimant used to earn Rs. 5000/- per month at the time of the accident. And therefore, the learned tribunal should have made reasonable assessment of the compensation on the basis of the grievous injurious sustained by the claimant and the papers and documents filed in support thereof for arriving at a just and reasonable compensation.

vi) that the leaned tribunal has not taken into consideration the future treatment and medical expenses of the claimants/appellant and has granted medical expenses strictly as per the voucher submitted by the claimant only and granted only Rs. 1,86,566/-taking a very technical approach.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9eD%2B0QllTxztBKMp97F9uLaZOPhYxdBv3631Mf2cX4md&caseno=MACApp./110/2014&cCode=1&cino=GAHC010124192014&state_code=6&appFlag=)

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