Prasanta Kumar Saikia, J.

1. In this appeal, the award dated 2.12.2011, passed by ld. Member-cum-Presiding Officer, the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 8/2008 has been called into question. By the aforesaid award, the learned Member-cum-Presiding Officer of the Motor Accident Claims Tribunal, Aizawl (in short MACT, Aizawl) had granted an award to the tune of Rs. 1,70,686/- only in favor of the appellant for sustaining injuries in an accident arising out of the use of the motor vehicle on 5.5.2007.

2. Being aggrieved by and dissatisfied with the aforesaid award, the Opposite party No. 2 in the aforesaid proceeding preferred this appeal on the grounds, stated in the memo of appeal.

3. The brief facts necessary for disposal of the present appeal are that on 5.5.2007, the vehicle bearing registration No. MZ-04 2097 (TATA Sumo) in which the respondent No. 1 herein was traveling met with an accident at a place in between Kawlkulh and Khawzawl. The respondent No. 1 would be referred to hereinafter as claimant since he initiated MACT Case No. 8/2008 which gives rise to the present appeal.

4. It is found evident from the claim petition in MACT Case No. 8/2008 that on the fateful day, the claimant was traveling in the vehicle which was driven by one C.L. Lalrotiuanga S/o Chhunchhianga. The driver had a valid license and the vehicle was insured with the appellant herein who was Opposite Party No. 2 in the claim case aforementioned. The owner of the vehicle Mr. H. Rochhunga was also arraigned as Opposite Party No. 1 therein.

5. It is the specific claim of the claimant/respondent No. 1 that the vehicle met the accident aforesaid for fault on the part of the driver and in that accident, the claimant, being one of the passengers of the aforesaid vehicle, sustained injuries on the fingers of his left hand for which his middle finger was amputated at the distal end. Though he was provided with medical and surgical treatment, he could not fully recover from the injuries, he sustained in the accident on the date aforesaid.

6. Rather, he developed contracture on the middle finger of his left hand for which his finger could not feel the sensation. It has been stated that contracture of the middle finger causes disability and the expert assessed it at about 25% permanent disability. It has been stated that soon after the incident, he was treated at Khawzawl PHC by Dr. R. Lianmawia, MBBS, Medical Officer.

7. Afterward, he was admitted at Khawzawl PHC and remained hospitalized there during the period between 5.5.2007 and 9.5.2007. He was, however, discharged on 9.5.2007. In connection with the medical treatment, he incurred an expense to the tune of Rs. 2696/- only. His further claim was that he is a cultivator by profession and earns Rs. 3750/- per month at the time when he met with the accident.

8. In the course of time, he approached the Claim Tribunal, Aizawl and filed a claim petition in the prescribed format seeking compensation under Section 140/ 166 of the Motor Vehicle Act, (in short M.V. Act). The notice of that proceeding which was registered as MACT Case No. 8/2008, was served on the opposite parties. Having been served with the notice, the opposite parties entered appearance and contested the proceeding having filed separate written statements.

9. The owner of the vehicle, as being Opposite Party No. 1, tried to resist the claim proceeding stating that the proceeding aforesaid is not maintainable for defect in form and style, that there is no cause of action, that the income certificate, furnished by the claimant, is unreliable since Magistrate First Class, Champhai District, was not the authority, as signed the work of issuing the income certificate and since he issued the certificate without holding any enquiry as to earnings of the claimant.

10. His further case was that his vehicle was duly registered with the concerned authority and was covered by Insurance policy which was issued by opposite party No. 2 therei