The judgment establishes the importance of medical records and testimonies in determining the extent of disability and justifying the awarded compensation under the Motor Vehicles Act.

Heard Mr. K. Bhattacharji, learned counsel appearing for the appellant, New India Assurance Company Limited as well as Mr. S. lodh, learned counsel appearing for respondent no.1. Despite due notice from this court, none appears for the remaining respondents.

2. This is an appeal by the insurer under Section 173 of the Motor Vehicles Act, urging that (i) the fact that the injured suffered the injury from the purported road traffic accident on 08.06.2012 involving the two motorcycles bearing registration no. TR-01-G-7697 (Hero Honda) and TR-01-K-7463 (Bajaj Discover DTS-I) is not probable; (ii) the award, as determined by the Tribunal is exorbitantly high, and (iii) withholding of the injured from the proceeding of the Tribunal has its consequential ramifications as to the disability. Hence, the judgment and award dated 25.07.2014 delivered in T.S.(MAC) 343 of 2013 by the Motor Accident Claims Tribunal, Court no.4, West Tripura, Agartala is under challenge in this appeal.

3. For appreciating those grounds, the essential facts leading to this appeal may briefly be noted. On 08.06.2011 when the son of the respondent no. 1, namely, Rakesh Roy was going to his office namely Samsung Service Centre at Battala by riding his motorcycle bearing registration no. TR-01-G-7697 through the by-lane of Chittaranjan Club, Shibnanagar and when he reached near Gedu Miah Mosque, at that time another motor cycle bearing registration no. TR-01-K-7463 (Bajaj Discover DTS-I) coming from the opposite direction in an extremely high speed collided with the bike of the said injured. As a result of the said accident, Rakesh Roy sustained grievous injuries over his head. He was immediately shifted to the GBP hospital and on the next day i.e. on 09.06.2011 he was referred to SSKM/AMRI hospital, Kolkata. He was treated at AMRI hospital, Kolkata from 10.06.2011 to 12.06.2011. After returning from Kolkata, the condition of the injured deteriorated and he had to be admitted at GBP hospital again on 18.06.2011 and on the date, as stated, he was referred to SSKM/AMRI hospital, Kolkata and he was treated at AMRI hospital from 19.06.2011 to 08.09.2011. As the respondent no. 1 was out of money, he had to get his son discharged from that hospital on his request on 08.09.2011. The injured sustained head injury and the respondent no. 1 was unable to continue the treatment of his son at AMRI hospital, Kolkata. The injured now is unable to move, write and speak and became almost abnormal and lying on the bed and he lost his working capacity. The injured is under treatment of the local physician Dr. Jayanta Das and a full time nurse has been engaged to look after the injured. The injured is under constant neuro-therapy treatment by Dr. DK Rana since September, 2011 till filing of the claim case. The injured was to earn Rs.6,000/- per month and he was to earn further Rs. 4,000/- per month from tution. Due to the accident, he became permanently disabled to the extent of 100% and as such, he claimed the compensation.

4. After recording the evidences, both oral and documentary, as led by the respondent no.1 and the respondent no. 3, the impugned judgment and award has been passed. From the claimant, the following documents have been admitted in the evidence:-

“the documents viz certified copy of FIR, ejahar, seizure lists (6 sheets), marked as Exbt.1. Certified copy of injury report (2 sheets), marked as Exbt.2, certified copy of charge sheet (5 sheets), marked as Exbt.3, original discharge certificate dated 19.6.2011, marked as Exbt.4, original referral certificate dated 18.6.2011, marked as Exbt.5, original discharge summary of AMRI hospital/advice on discharge (2 sheets), marked as Exbt.6, 81 nos. of cash memos for purchasing medicines and bill of Joy Ram Bhander, marked as Exbt.7, original prescriptions of AMRI hospitals (63 nos.), as Exbt.8, 161 nos. of cash memos of Frank Ross Pharmacy, Kolkata, marked as Exbt. 9, 2 nos of original cash memos of New Medical Supply