The main legal point established in the judgment is the assessment of just and reasonable compensation for road traffic accidents under the Motor Vehicle Act, considering factors such as loss of earning capacity, disability, and future prospects.

1. Heard the submission of learned counsel for appellant Mr. J. Sarmah and learned counsel for the Insurance Company Mr. S.K. Goswami.

2. By way of appeal, the appellant has challenged the award dated 23.2.2010 passed in MAC Case No. 119/1999 passed by the Motor Accident Claims Tribunal, Kamrup, Guwahti. By recapitulating facts it can be narrated that on 7.7.1998 at about 6:30 P.M one Gopal Kalita was travelling in a bus bearing No. 01/C-1115 (city bus) as passenger from Chandmari to Narengi, and on the way he met an accident near Ganesh Mandir due to collision with another vehicle, resulting serious injury on his person. Said Gopal Kalita seated near right side of the city bus and when the city bus passed through a turning point of Ganesh Mandir at that time Mini Truck bearing No. AMK-5681, coming from the opposite direction in high speed, dash against said bus, and his hand came outside the window of the city bus while, making an attempt to hold the window, as a result of the accident his right hand was completely crushed and he has to undergo on amputation of his right arm. An application u/s 166 read with 140 of the Motor Vehicle Act was preferred praying for compensation of the injury sustained by the claimant in the aforesaid Road Traffic Accident.

3. Notice was issued to owner of the insurer of both the vehicles that is the bus travelled by the appellant and the truck, who met the accident. During the enquiry, the owners and drivers of the offending vehicle did not participate in the proceeding and the case proceeded ex-parte.

4. The Insurance Company in his written statement has denied all the material of the averments in the claim petition and pleaded that the claim set up by the claimant is excessive and exorbitant and that Oriental company Ltd. will not liable to pay any compensation until and unless it is proved that the driver of the offending vehicle had valid driving license at the time of occurrence and there is no violation of the condition of the insurance policy. On the pleadings of the parties, necessary issues were framed and witnesses were examined. The Ld. Tribunal took the note of the evidence on record that the claimant sustained severe injury on his person due to rash and negligent driving of the truck, and his right arm was amputated and he has to be hospitalized due to the said accident and the accident occurred due to the collision of two vehicles. After examining all the materials on record, the Ld. Tribunal has come to a finding as both the offending vehicles were insured with the Oriental Insurance Company Limited so the Ld. Tribunal directed the Insurance Company to provide compensation in the following manner:

(a)	Loss of earning due to disability - 1717 x 14 x 55%	Rs. 1,58,650/-
(b)	Medical Expenses	Rs. 21,000/-
(c)	Pain, shock and suffering	Rs. 30,000/-
(d)	Loss of amenities of life due to disability	Rs. 50,000/-
(e)	Loss of earning for 2 months during treatment	Rs. 4,000/-
	Total	Rs. 2,63,650/-
The amount is rounded off to Rs. 2,64,000/-

5. While discussing the issue No. 2 the claimant has stated to be of 40 years age and earning Rs. 2745/- p.m. In support of the income of the claimant has examined PW-2 and proved the salary certificate Ex-4. According to PW-2 as well as Ex-4 net monthly income of the claimant was Rs. 1717/- ( i.e annual income of Rs. 20604/-) as multiplicand for computing loss of earning due to the injury. With the above income and applying multiplier of 14, total loss of earning due to disability of 55%, comes to Rs. 1,58,650/- (55% of 20604 x 14). Thus considering all the facts and circumstances of the case, and award which adheres to be just and reasonable compensation has been granted to the claimant.

Since both the offending vehicles were insured with Oriental Insurance Co. Ltd. it was di