The court emphasized that compensation for personal injury must be just and equitable, reflecting the claimant's loss of earning capacity and future prospects, while ensuring the assessment of permanent disability is based on credible medical evidence.

JUDGEMENT & ORDER :

ROBIN PHUKAN, J.

Heard Ms. R. D. Mozumdar, learned counsel for the appellant in MAC Appeal No. 585/2019 and respondent No. 3 in MAC Appeal No. 384/2019, and Mr. R. Dubey, learned counsel for the respondent No. 1 in MAC Appeal No. 585/2019 and appellant in MAC Appeal No. 384/2019. Also heard Ms. S. Deb, learned counsel for the respondent No.5 in both the appeals.

2. In MAC Appeal No. 585/2019, filed under Section 173 (1) of the Motor Vehicles Act, 1988, the appellant (The Oriental Insurance Co. Ltd.) has put to challenge the correctness or otherwise of the Judgment and Award dated 21.12.2018, passed by the learned Member MACT, Kamrup (M), Guwahati, in MAC Case No. 167/2011, filed under Section 166 of the M.V. Act.

2.1. In MAC Appeal No. 384/2019, filed under Section 173 of the Motor Vehicles Act, 1988, the appellant (Shri Partha Pratim Hazarika) has put to challenge the correctness or otherwise of the Judgment and Award dated 21.12.2018, passed by the learned Member MACT, Kamrup (M) Guwahati, in MAC Case No. 167/2011, filed under Section 166 of the M.V. Act and prayed for enhancement of the compensation.

3. It is to be noted here that vide impugned Judgment and Award dated 21.12.2018, the learned Member MACT, Kamrup (M) has directed the appellant in MAC Appeal No. 585/2019 to pay a sum of Rs. 6,85,963/- along with interest @ 6% per annum, from the date of filing of the claim petition.

Background Facts:-

4. The background facts, leading to filing of the present appeals, are adumbrated herein below:-

“On 12.10.2008, at about 08:30/9:00 p.m., the claimant, namely, Partha Pratim Hazarika was proceeding towards Morigaon from Jagiroad, on a Motor Cycle, bearing registration No. AS-02/D-2627. At Baghjap, under the jurisdiction of Jagiroad P.S. one Scooter bearing registration No. AS- 01/J-3669, which was also proceeding toward Morigaon, and driven in rash and negligent manner, dashed against the Motor Cycle of the claimant from backside, as a result the claimant fell down and sustained grievous injuries over his head resulting complete memory loss. In respect of the said accident, Jagiroad P.S. Case No. 184 of 2009 was registered under Sections 279/338 IPC and after investigation, police submitted charge sheet against the rider of the offending scooter.

After the accident the claimant was taken to GNRC Hospital as indoor patient. And even after discharge also he had to undergo regular check-up in the said hospital. He had also undergone treatment at Guwahati Neuro Clinic and also consulted doctors at GMCH and with the doctors of NRHM and the doctors are of the opinion that no amount of treatment would improve his condition. Since the date of accident he has been suffering from unbearable pain, agonies and traumas, and he not only became weak, but also disabled permanently.

Before the accident the claimant was working in M/S Vertex Computer and was earning salary @ Rs. 6500/ per month. After the accident he lost his job as he was unable to do any kind of work. Then on 27.02.2018 his disability was assessed by the Doctors of Medical Board at 70%. He had spent more than Rs. 2,00,000/ in treatment. Besides, he had to come to Guwahati for treatment by hiring a vehicle and as such he had to spent huge amount for conveyance and also had to spent huge amount for fooding and lodging of his family members.

At the time of accident the offending scooter was insured with the Oriental Insurance Company Ltd. with Policy Number 321100/31/2009/675 and the said policy was valid upto 12.06.2009. He was also supposed to get married before the accident, but, after the accident the said proposal was repudiated.

Thereafter, the claimant had preferred a claim petition before the learned Member MACT, Kamrup (M) at Guwahati, claiming a sum of Rs. 34,40,000/ being the compensation.

On receipt of notice from the tribunal, the Opposite Party No. 1, i.e. the present appellant, the Oriental Insurance Company Limited, the insurer of the offending scooter, ent