The court clarified that accurate assessment of medical evidence regarding disability is critical for determining just compensation in motor accident claims, emphasizing a higher level of disability assessment.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Heard Mr. H. Das, learned counsel for the Appellant and learned counsel Mr. R.C. Paul for the respondents.

2. This appeal is directed against the judgment and order dated 22.07.2019 passed by the learned Member, MACT Goalpara in connection with MAC case No.328/2017 directing the Insurance company to pay a compensation of Rs.3,22,240/- only with interest @ 6% per annum from the date when the evidence of the claimant’s side was closed. The appellant in this case is the claimant himself, Md. Janik Ali, who is aggrieved by the quantum of compensation awarded by the Tribunal. The Divisional Manager of Oriental Insurance Company, the owner of the vehicle involved in the accident, Saiful Ali and the driver of the vehicle, Mofidul Hoque are arrayed as respondent Nos. 1, 2 and 3 respectively.

3. It is contended by the claimant that the claimant used to work as a motor mechanic in a private garage but unfortunately the Tribunal did not consider the income of the claimant and computed the compensation, taking the notional income into consideration. The claimant has thus prayed for enhancement of compensation through this appeal. The appellant and the insurance company will be referred to, according to their original standing in the MAC Case No. 328/ 2017 i.e. as the claimant and insurer.

4. It is contended that the submission of the learned counsel for the insurance company that the income of the claimant was not proved, holds no water as the claimant was not cross-examined regarding his income. So stating, it is submitted that the claimant has proved his income. The claimant has also drawn the attention of this Court to the interlocutory application No.4185/2019, which clearly reveals the additional expenses accrued by the claimant. It is prayed that at present, the claimant is bedridden and his affidavit, which includes the additional expenses after the decision of the Tribunal in MAC Case No. 328/2017, may be considered.

5. Per Contra, learned Counsel for the Insurance Company laid stress in his argument that no salary certificate was produced by the claimant. The disability certificate was not proved by the authority. The disability certificate is vague as it is not clear from the certificate whether the claimant is suffering from permanent disability or temporary disability. The decision of the Tribunal warrants no interference as no infirmity could be deciphered in the decision of the Tribunal. The standard procedure to prove a certificate has not been properly followed. The Tribunal has correctly not accepted the income which was not proved by the claimant.

6. The genesis of the case was that on 27.08.2017, Janik Ali, the claimant was proceeding from Krishnai towards Karbala as a pillion rider on a motorcycle bearing registration No. ML-13-4760, and Mofidul Hoque was riding the motorcycle. As the motorcycle was driven in a rash and negligent manner, the motorcycle capsized at the PWD road near Harimura Tea Estate, and the pillion rider, Janik Ali, sustained severe injuries as a result of the accident. His left leg was also fractured, and he was immediately brought to the private chamber of Dr. P.K. Das, who examined him and advised him to take treatment in a hospital outside Goalpara. Immediately, the claimant then underwent treatment in Life Care Multi-Specialty Hospita