IMPORTANT POINT
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.

JUDGMENT :

Heard Ms. M. Choudhury, learned counsel for the appellant. Also heard Mr. M. Talukdar, learned counsel for the respondents.

2. The appellant/New India Insurance Company Limited by filing this appeal under section 173 of the Motor Vehicles Act, 1988 assailed the judgment and award dated 08.01.2021 passed by the learned Member, MACT, Moringaon in MAC Case no. 20/2017 whereby the learned Tribunal has awarded a sum of Rs. 20 Lakhs to the claimant with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the payment by M/S New India Insurance Company Limited (appellant herein).

3. The case of the claimant is that on 30.11.2016, at about 08.10 pm while he was going from Nellie side towards Jagiroad by a Motor Cycle bearing registration No. AS-21E-1209 and reached in front of the flyover of HPC Jagiroad, a vehicle bearing registration no. AS-01-DC-9365 (Truck) was coming from the same direction in a very rash and negligent manner and knocked him from the back of his bike due to which he fell with motor cycle. As a result of the said accident, he sustained multiple grievous injuries in different parts of his body and head. Thereafter, immediately, he was admitted at Kagajnagar Hospital, HPC, Jagiroad and after basic treatment, he was referred to Guwahati and admitted at GNRC hospital, Guwahati. He took treatment as indoor patient for 3 days w.e.f. 30.11.2016 to 02.12.2016. Thereafter, he was again admitted at GMCH, Guwahati and there also he took treatment as indoor patient w.e.f. 03.12.2016 to 13.12.2016.

4. Thereafter, the claimant filed MAC case contending therein that the accident took place due to the rash and negligent driving of the driver of the offending truck. The claimant at the time of accident was 31 years. He was working as carpenter and used to earn Rs. 15,000/-pm from his occupation. And as a result of the head injury that he sustained in the said accident, his brain was damaged due to which he became completely dependent on his family.

5. The case was contested by the appellant/Insurance company by filing written statement and denied all the claims made in the claim petition.

6. Basing on the pleadings of the parties, the learned Tribunal has framed the following issues:

(i) Whether the accident took place on 30.11.2016 at 8:10 pm at National Highway 37 flyover in front of HPC, Jagiroad, PS-Jagiroad, Dist-Morigaon, Assam due to rash and negligent driving on the part of driver of the vehicle bearing registration No. AS-01-DC-9365?

(ii) Whether Nripendra Sarkar, injured in the said accident that took place on 29.05.2015 at N H Way 37 Fly Over in front of HPC Jagiroad, PS-Jagiroad, Dist- Morigaon, Assam?

(iii) Whether the claimant is entitled to get compensation, if yes by whom it is payable and to what extent?

7. On conclusion of the trial, the issue nos. 1 and 2 has been decided in favour of the claimant/respondent herein holding that the accident took place on 30.11.2016 at about 8:10 pm due to rash and negligent driving of the driver (opposite party 3) and knocked the claimant from backside. As a result of which, the claimant sustained severe head injuries and took treatment.

8. The issue no. 3 has also been decided in favour of the claimant holding that due to the injury sustained by the claimant he became permanently disabled and having taken into consideration the permanent disability certificate and while observing that the claimant would need future treatment also granted provision for future treatment.

9. Being highly aggrieved by the said judgment and order dated 08.01.2021, the appellant/ New India Insurance Company Limited filed this appeal largely against the award under loss of earning on account of permanent disability of the claimant and the provision for future treatment amongst others on the following main grounds:

(i) That the learned Tribunal had erred in accepting the disability certificate which was not duly proved by the issuing authority and as such the impugne