JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. The appellant before this Court was a claimant in a case under Section 166 of the Motor Vehicles Act, 1988 and is aggrieved by the judgment and award dated 23.03.2012 passed by Learned Additional District Judge, 2^nd Court, Raiganj, Uttar Dinajpur in MAC Case no. 133/2019.

2. The case of the claimant/appellant before the Learned Trial Court may be summed up thus:

On 13.09.2009 at about 1.00 hours the petitioner got down at Siliguri More, Raiganj on his way from Islampur and took his meal at Gurupada Hotel and thereafter was waiting at Kancha portion on the Eastern side of the National Highway for rickshaw to his residence. At that time the vehicle no. PB19C/5071 (Truck) coming from Siliguri side at a excessive speed and for such speed the driver lost his control over the vehicle which went of the Kancha portion of the road and dashed him with a great force. As a result the claimant sustained severe injuries on his person and was immediately removed to Raiganj District Hospital and the doctor diagnosed with his right leg was fully damaged and having no alternative the doctor amputed his right leg above knee.

Due to rash and negligent driving on the part of the driver of the vehicle the accident took place. The injured was aged about 45 years at the relevant time and used to draw salary of Rs. 7,160/- per month. He became crippled and due to that cannot walk without help of crutch and he has to spend money on his journey to the office and he has been suffering from mental pain and agony and also other amenities of life.

Pursuant to the filing of the claim case notice was issued upon the opposite parties. Reliance General Insurance Company Limited, opposite party filed written statement and contested the case.

3. By judgment and award dated 23.03.2012 Learned Trial Court was pleased to dispose of the claim case by observing and directing as follows:

“Hence it is Ordered that the instant MAC case no. 133/2009 be and the same is allowed in part on contest without costs against the opposite party Reliance General Insurance Company Limited and exparte against the rest.

The claimant do get on award of Rs. 3,55,000/-(Rupees Three Lakh fifty five thousand) only and the opposite party Reliance General Insurance Company Limited is directed to pay the awarded amount by issuing an account payee cheque within two and half months from the date of order along with interest @ 6% per annum from the date of filing of this case till the payment threat in default the award will carry on interest of at the rate of @ 8% per annum till the date of realising of the entire amount in default the claimant is at liberty for realising of the same in accordance with law.”

4. The appellants/claimants being aggrieved by the judgment and award passed by the Learned Trial Court has come up with the instant appeal. Heard Learned Advocate for the appellant and Learned Advocate for the respondent no. 1 Insurance Company. Perused the materials on record. Learned Advocate for the appellant/claimant submits that the compensation awarded to the claimant is meagre. Learned Advocate further submits that the Learned Trial Judge further erred in not taking into consideration, the future cost of artificial limb and future medical expenses in assessing the compensation amount. Learned Advocate also submits that future travelling cost of the claimant due to disability ought to have been taken into consideration. Learned Advocate relies upon the following judicial decisions:-

 Reliance General Insurance Co. Ltd. vs. Sushil @ Sachin and Others,  2025 (4) T.A.C. 49 (SC)

 M.D. Jacob vs. United India Insurance Co. Ltd. and another,  2014 ACJ 648

5. Learned Advocate for the respondent Insurance Company submits that the claimant/appellant did not loose his job due to his disability, thus the compensation awarded is justified. Learned Advocate relies upon the following judicial decisions:-

 Arvind Kumar Mishra vs. New India Assurance Co. Ltd. & Anr. in Civil