The main legal point established in the judgment is the importance of documentary evidence in substantiating claims and the correlation between physical disability and loss of earning capacity.

1. Both the appeal and the cross objection were heard together and are now being disposed of by this common judgment. The appeal is preferred by the insurer against the judgment and award dated 5-12-2012 passed by the Motor Accident Claims Tribunal, Sonamura, West Tripura, in TS (MAC) No.9 of 2012 awarding a compensation of Rs. 20,60,140/- in favour of the claimant-respondent for the injuries sustained by him in a vehicular accident. The cross-objection is filed by the claimant-respondent for enhancement of the compensation so awarded in the impugned judgment.

2. Before proceeding further, it may be appropriate to refer to the material facts of the case. The case of the claimant-respondent (“the claimant” for short) is that on 10-11-2011, the motor bike he was riding with one Manir Hussain, was knocked down by one TATA Truck bearing registration No. TR-01-R-1759 which was driven in a rash and negligent manner at Chandigarh. At that time, they were standing on the road side with the bike. As a result, he collapsed on the ground and sustained several serious injuries and was rushed to Melaghar Hospital in a senseless condition whereafter he was shifted to GPB Hospital, Agartala and was treated there from 10-11-2011 to 12-11-2011. He was then referred to SSKM Hospital, Kolkata for better treatment, but due to non-availability of bed, he had to be admitted to AMRI Hospital, Kolkata as indoor patient up to 5-12-2011. Due to the accident, he sustained grievous fractures on his right hand, upper limb, right formal shaft fracture, C2 spine fracture and other injuries on different parts of his body. He also had to undergo major surgery in which his right hand in the middle was amputated. As a result, he became physically disabled to the extent of 85%. He continued to be treated even after his discharge from the hospital. He, therefore, filed the claim petition claiming a compensation of Rs. 35,80,000/-. The police registered Melaghar PS Case No.103/2011 under Sections 279/338 IPC against the driver of the TATA Truck and after investigating the case, they, having found a prima facie case, charge-sheeted the driver of the offending vehicle to face the trial.

3. The claim petition was contested by the owner of the offending vehicle and the insurer by filing their respective written statements. Both the contesting parties denied that the accident occurred due to the rash and negligent driving of the offending vehicle and that they had no liability to pay the compensation claimed either jointly or severally. The insurer asserted that the compensation claimed was imaginary, speculative and excessive. The owner of the offending vehicle, however, pointed out that his vehicle was insured with the insurer and if any award was passed by the Tribunal, it was the responsibility of the insurer to satisfy the award. On the pleadings of the parties, the Tribunal framed the following issues:

“1. Whether the claimant-petitioner sustained injuries in a vehicular accident which took place on 10-11-2011 at about 3 PM at Chandigarh near east side of Masjid under Melaghar Police Station involving the vehicle bearing No.TR-01-R-1759 (TATA Truck) due to rash and negligent driving by its driver?

2. Whether the claimant-petitioner is entitled to get compensation under the Provisions of MV Act? If so, to what extent and who shall be held liable to pay the same?”

4. To prove his case, the claimant examined himself and exhibited documents such as certified copies of the FIR, ejahar, charge-sheet, injury report, original discharge certificates, prescriptions, various reports, cash memos, bills, air tickets, original citizenship and his income certificate, certificate of handicapped person, photo copy of his driving licence, etc. as Exbt.1 series. Neither the owner of the vehicle nor the driver adduced their evidence but exhibited some documents such as registration certificate, tax token, driving licence, route permit, screen report, temporary and insur