The court upheld the compensation awarded by the Tribunal, affirming that the claimant's loss of income was justified based on the evidence presented.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. P. J. Barman, the learned counsel appearing on behalf of the appellant.

2. The instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 02.01.2025 passed in MAC Case No.15/2020(I) by the learned Member, MACT, Dhubri (hereinafter referred to as ‘the learned Tribunal’) whereby an amount of Rs.2,77,000/- was awarded as the just and fair compensation along with interest @7% from the date of filing of the claim proceedings till realization. In addition to that, the learned Tribunal had also directed the appellant Insurance Company to make the payment within a period of 30 days by depositing it in a specific account of the Tribunal as mentioned in paragraph number 25 of the impugned judgment and award.

3. The sole ground of objection taken to the impugned judgment and award is that the learned Tribunal had awarded an amount of Rs.18,000/- on the head of loss of income for a period of three months taking the income of the claimant notionally at Rs.6,000/- per month. The learned counsel appearing on behalf of the Appellant Insurance Company submitted that the claimant did not bring on record any evidence to the effect that the claimant was not in a position to undertake any work for the period of three months and as such, the impugned judgment and award is required to be interfered with insofar saddling the liability of Rs.18,000/- on the head of loss of income. In that regard, the learned counsel appearing on behalf of the Appellant Insurance Company drew the attention of this Court to the cross- examination of the claimant witness who had stated that he had not submitted any document that he was in continuous treatment for two months. Taking into account the said ground of objection, this Court takes up this appeal for disposal in terms with Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the Code’).

4. From a perusal of the materials on record, it would transpire that on 13.02.2023, the claimant while proceeding as a pillion rider of a motorcycle bearing registration No. AS-17-G/1523 towards Halakura Bazar from his home and on the way when the aforesaid motorcycle reached near Halakura Cinema hall on NH-31 at around 5 PM, one Savari vehicle bearing Registration No. AS-01-AA/3982 driven in high speed and in a reckless manner dashed the motorcycle wherein the claimant was riding resulting in injury to the claimant. The claimant further stated in his claim petition that he was taken initially to the Mission Hospital, Cooch Behar from where he was shifted to Dispur Polyclinic, Guwahati where he undertook treatment as indoor patient from 14.02.2017 to 16.02.2017 and again from 09.03.2017 to10.03.2017.

5. It is the case of the claimant that on account of the accident, he had sustained multiple pelvic bone fracture along with urethral injury and haematoma around the symphysis public, vertical fracture at the left side of the sacrum with involvement of left sided sacral foramina, dislocation of right shoulder joint besides other injuries due to the said accident. The claimant also claimed that he had incurred an expenditure of Rs.2,75,000/- on account of medical treatment and he being a carpenter used to earn Rs.15,000/- per month which he could not earn on account of the accident.

6. It is further seen from the impugned judgment itself that notices were issued and only the Appellant Insurance Company appeared and contested the proceedings by filing the written statement. The learned Tribunal on the basis of the written statement had framed four issues which are reproduced herein under:

“(i) Whether the accident took place due to rash and negligent driving of the vehicles No.AS-01-AA/3982 (Savari) and AS-17-G/1523 (motorcycle) and the claimant sustained injuries due to the said accident.

(ii) Whether both the offending vehicles were duly insured with National Insurance Company Limited at the time of accident?

(iii) What shall be the