IMPORTANT POINT
The court established that compensation in motor accident cases must reflect actual earnings and the impact of disability on the claimant's livelihood.

JUDGMENT :

(Marli Vankung, J.) :

Heard Mr. A.R. Agarwal, learned counsel for the appellant along with Mr. A.J. Saikia, learned counsel for respondent No. 1/Insurance Company.

2. This is an appeal against the Judgment and award dated passed by the learned Member, Motor Accident Claim Tribunal (MACT), in MAC Case No. 373/16 dated _The appellant is the claimant in MAC Case No. 373/16, who had filed the claim application before the learned Member, Motor Accident Claims Tribunal, Goalpara claiming compensation of Rs. 10,00,000 (Rupess ten lakhs) only for injuries sustained by him due to a motor vehicular accident that occurred on 06/10/2016.

xxxx

4. The claimant’s case, in brief, is that on 06.10.2016 at about 10:00 AM, while the claimant/appellant Abdul Hussain was going on foot towards Gobindapur Bazar, on reaching near Gobindapur LP School, he was knocked down by a truck having registration No. AS-18-C-6405, which was driven by its driver, in a rash and negligent manner, as a result of which the appellant/claimant sustained grievous injuries. He was taken to Solace hospital, but was later shifted to GMCH, Guwahati as an indoor patient till 27.10.2016. The case was registered under the Goalpara PS vide Goalpara PS Case No. 505/16 under Section 279/338 IPC and the driver of the offending vehicle was charge sheeted accordingly. The claimant/appellant had filed the claim application claiming for compensation of Rs. 10,00,000/-for the injuries sustained by him in the accident. The opposite party No. 1, United India Insurance Co. in their Written Statement denied that the alleged accident occurred due to rash and negligent driving by the driver of the offending vehicle having Registration No. AS-18-C-6405 and also denied all the averments made in the claim petition. The owner of the vehicle/opposite party No. 2 stated that at the time of the accident, the vehicle was duly insured with the opposite party No. 1 having a valid policy No. 1306043115P112226680. The opposite party No. 3, the driver of the offending vehicle in his written statement, claimed that the accident did not occurred due to his rash and negligent driving and that at the time of the driving, the said vehicle was having a valid driving license No. AS1820150015031, valid upto 07.03.2018.

From the pleadings of both the parties, the learned Tribunal framed the following issues:-

(i) Whether the claimant Abdul Hussain sustained injuries in the alleged motor accident dated 06.10.2016 involving the vehicle bearing registration No. AS-18-C-6405 (Truck) and whether the accident had taken place due to rash and negligent driving of the aforesaid vehicle.

(ii) Whether the claimant is entitled to compensation? And if yes to what extend and by whom amount the opposite parties, the said compensation will be payable?

5. The claimant examined two witnesses and the claimant/PW-1, exhibited Exhibit No. 1 to Exhibit No. 165, which included certified copy of the FIR, certified copy of the charge sheet, certified copy of the MVI report, certified copies of the medical report along with the cash memos and investigation done for the treatment of the claimant. The nature of injury sustained by the claimant is multiple fracture of right ribs and shattered Spleen. The claimant also exhibited disablement certificate as Exhibit No. 151. The claimant/appellant also stated that he was an agriculturist having 5 bighas of land and earned Rs. 8000/-per month as a cultivator. He was the only earning member of the family and had suffered 70% disability affecting him in his work, as a result of the accident. PW-2 is Dr. S. Ali, who proved the Disability Certificate (Exhibit No. 151) by adducing his evidence. None of the opposite parties adduced any evidence before the Tribunal.

6. The learned Tribunal on considering the materials on record decided issue No. 1 in favour of the claimant and held that claimant Abdul Hussain sustained injuries in the motor accident dated 06.10.2016 involving the vehicle bearing