The main legal point established in the judgment is the assessment of loss of earning capacity and compensation under the Motor Vehicles Act, 1988 in cases of disability due to motor accidents.

1. In this appeal, the appellant-insurer is questioning the legality of the judgment dated 7.12.2012 passed by the learned Member, Motor Accident Claims Tribunal, Sonamura, West Tripura in TS (MAC) No. 24 of 2012 awarding a sum of Rs. 17,65,730/- together with interest @ 8% per annum to the claimant-respondent on the ground that the award is excessive and unjust.

2. The facts giving rise to this appeal may be briefly noticed at the outset. It is the case of the claimant-respondent that in the morning of 21.3.2012, the claimant-respondent was returning home from Kemtali market in an autorickshaw bearing registration number TR-01-C-2254 along Kemtali-Durlabnarayan Road. As the auto-rickshaw was driven by the driver in a rash and negligent manner on the wrong side of the road and pushed the brake which forced his leg out of the vehicle as a result of which the leg guard of the motor bike coming from the opposite direction struck at his right leg knee. Consequently, he sustained grievous injuries on his right leg. He was immediately taken to GB Hospital, Agartala and was admitted there. Due to the accident, he suffered fracture of right femur shaft along with vascular injury. When his condition did not improve, on, he was referred and taken to SSKM Hospital, Kolkata for better treatment, but due to non-availability of bed, he was ultimately admitted AMRI Hospital, Kolkata and treated there as indoor patient from 29.3.2012 to 4.4.2012. He underwent major surgery leading amputation of his right leg above the knee. Even after discharge, he continued his treatment. As a result of the accident, he was certified by the District Disability Board to suffer physical disability to the extent of 80%. In connection with the said accident, the police registered Melaghar PS Case No. 67 of 2012 U/s 279/338 IPC against the driver of the Auto-Rickshaw. He, therefore, claimed a compensation of Rs. 38,04,000/-.

3. The claim petition was contested by the owner of the vehicle (respondent No. 2 herein), the owner of the bike (respondent 3 herein) and the appellant-insurer (respondent No. 4 herein) by filing their respective written statements. The stance taken by the respondent No. 2 is that the Autorickshaw was driven by an authorized driver having a valid driving license and that there was no rash and negligent driving of the Auto-rickshaw. As the vehicle was insured with the appellant-insurer, the liability for payment of compensation, if so found, should be satisfied by the appellant-insurer. The respondent No. 3 in his written statement also took the stance that the accident occurred due to the rash and negligent driving of the bike and blamed the respondent No. 2 for the accident. As for the insurer, its contention is that the claim is imaginary and excessive. On the pleadings of the parties, the Tribunal framed the following issues:

(1) Whether the claimant-petitioner sustained any injury on 21.3.2012 at about 7/7:30 AM at Kemtali-Shitlabari on Kemtali-Durlabnarayan road under Melghar Police Station in a road traffic accident involving the vehicle bearing No. TR-01-C-2254 (Auto- Rickshaw) due to rash and negligent driving by its driver?

(2) Is the claimant-petitioner entitled to get any compensation under provision of Section 166 of M.V. Act, 1988? If so, to what extent and who shall be held liable to pay the same?

4. The claimant-respondent examined himself and one other witness to substantiate his claim petition and exhibited documentary evidence such the copies of the FIR, ejahar, final report, injury report, discharge certificates, referral certificate, prescriptions, cash memos, air tickets, income certificate, age proof certificate, certificate for handicapped person, etc. under Exbt. 1 series. The respondent No. 2 did not examine himself as witness but produced some photo copies of documents viz. insurance certificate, fitness certificate, registration certificate, driving licence, route permit and tax token under Exbt. A-s