JUDGMENT :

Heard Mr A Lal, learned counsel appearing for the appellant and Mrs M Choudhury, learned counsel appearing on behalf of the respondent No. 2/Insurance Company.

2. The injured claimant as appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and Award dated 13.07.2018, passed by the learned Member, MACT, Morigaon, in MAC Case No. 43 of 2014, awarding compensation amounting to Rs. 7,55,726/-(Rupees Seven Lakhs Fifty Five Thousand Seven Hundred Twenty Six Only) Only, in favour of the claimant/appellant and has prayed for enhancement of compensation.

3. The brief facts of the case is that on 14.06.2004, at about 9:00 pm, while the claimant/appellant was proceeding towards Morigaon by riding his motor cycle bearing Registration No. AS-02-H-0109 and when he reached Na-Bheti, another vehicle (Bolero Pick Up Van) bearing Registration No. AS-01-DC-7724, coming in a rash and negligent manner knocked him down from behind, as a result of which, the claimant/appellant sustained grievous injuries on his person. Immediately after the accident, the claimant/appellant was shifted to Morigaon Civil Hospital for treatment, and subsequently, he was referred to Guwahati and on the next day, he got admitted to Dispur Hospital, Guwahati, where he took treatment for a couple of days as an indoor patient. The claimant/appellant had to undergo two operations. But, he was not fully recovered and his treatment was still going on at the time of filing of the case.

4. On receipt of the information regarding accident, a case was registered before the Morigaon Police Station, vide Morigaon PS Case No. 244 of 2012, under Sections 279/338/427 IPC. At the relevant time of accident, the offending vehicle was duly insured with the respondent No. 2, United India Insurance Company Limited.

5. The respondent No. 1/owner-cum-driver of the offending vehicle bearing Registration No. AS-01-DC-7724, by filing his written statement had admitted that he was the registered owner and driver of the vehicle bearing Registration No. AS-01-DC-7724. The respondent No. 1 further asserted that at the relevant time of the accident, the said vehicle was insured with the respondent No. 2/United India Insurance Company Limited and clarified that as the accident occurred within the validity period of the policy, as such, if any liability arises for the accident, it should be absolved by the respondent No. 2/Insurance Company, being the insurer of the offending vehicle.

6. It is submitted by the learned counsel for the appellant that the claimant/appellant is a post-graduate Diploma Holder in Management (General) for the Academic Session-2012-2014 from Asia Pacific Institute of Management, New Delhi. The appellant had suffered bodily injuries in the road accident and due to which he became permanently disabled, which was assessed as -40% and because of the disability, it would surely affect his earning capacity and his livelihood.

7. It is also the submission of the learned counsel for the appellant that the compensation of the appellant deserves to be enhanced as the learned Member, MACT, Morigaon wrongly considered a sum of Rs. 3000/-per month as notional income of the appellant. As such, he submits that the compensation award should be enhanced on the basis of qualification and not on the basis of notional income. He further submits that a Simple Interest @ 12% per annum should be awarded along with enhanced compensation, from the date of accident and not from the date of filing of the claim petition. Hence, the Judgment and Award dated 13.07.2018, passed by the learned Member, MACT, Morigaon, in MAC Case No. 43 of 2014, needs to be interfered by this Court.

8. In support of his submission, the learned counsel for the claimant appellant has placed reliance on the following caselaws:-

1) 2018 SCC Online Delhi 12086; (Raj Bala