JUDGMENT

Date : 28-03-2019 (Ajit Borthakur, J)

Heard Mr. S Dutta, learned counsel for the appellant/ Oriental Insurance Co. Ltd. Also heard Mr. R Boruah, learned counsel appearing for the respondents.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’) is directed against the Judgment and Award, dated 23.07.2010, passed by the learned Member, Motor Accident Claims Tribunal (For short ‘MACT’), Lakhimpur at North Lakhimpur in MACT Case No. 75 of 2009.

3. The appellant’s case, precisely, is that the respondent Nos. 1(i) to 1 (vii), the legal heirs of the claimant/ respondent No.1 filed a claim petition stating that on 13.02.2009 at about 3.45 pm, while he was returning home from his duty by riding his Scooter, the offending vehicle, bearing registration No.AS 12 D 5763 (Cruiser vehicle) coming in the same direction dashed against the Scooter from the backside, while trying to overtake and as a result, the respondent No.1 fell down and sustained grievous injuries on his person. The respondent/ claimant further stated that he had to incur medical expenses to the tune of Rs.1,10,000/- and is not in a position to enjoy his life as earlier. Be it mentioned herein that the respondent/ claimant was a Section Assistant in the Flood Control Department under Government of Assam and he earned Rs.10,000/- ,per month.

4. The Appellant Insurance Company contested the case by filing a written statement denying its liability to pay any compensation to the respondent/claimant. The Company also obtained leave under Section 170 of the Motor Vehicles Act, 1988 vide Order, dated

14.09.2010, passed by the learned Member, MACT, Lakhimpur at North Lakhimpur.

5. It is contended that the learned Member, MACT, after hearing the parties and consideration of the evidence on record, assumed that the respondent / claimant was expected to have incurred financial loss of Rs.40,000/- during the period of medical treatment in regard to his earning. Furthermore, without any specific evidence of the doctor, the learned Member, MACT also assumed that the respondent/ claimant was likely to incur a further expenditure of Rs.10,000/- for future treatment.

6. It is further contended that under the aforestated assumptions, the learned Member, MACT, disposed of the MACT Case No.75 of 2009 vide Judgment and Order, dated 23.07.2010, awarding an amount of Rs.1,20,000/- in favour of the respondent/ claimant and directed the Appellant Insurance Company to make payment within a period of 2 months from the date of the Award, failing which, interest @ 6 % p.a. would accrue on the awarded amount.

7. Being highly aggrieved and dissatisfied by the Judgment and Order, dated 23.07.2010, passed by the learned Member, MACT, Lakhimpur, at North Lakhimpur in MACT Case No. 75 of 2009, the Appellant begs to prefer this appeal.

8. In order to establish the claim, the respondent No.1 adduced his evidence –on- affidavit and another witness on affidavit, as well as exhibited some documents. The appellant/ Oriental Insurance Co. Ltd. cross-examined them. The learned Member, MACT, after hearing the arguments of the learned counsel of both sides and appreciation of evidence, oral and documentary, answered all the issues in the affirmative and awarded a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand) only with interest @ 6 % per annum as compensation for the injuries sustained by the claimant/ respondent No.1 Learned MACT computed the compensation as hereinbelow extracted:

“..........the claimant is found entitled to an amount of Rs.64, 920/-, which is rounded upto Rs.65, 000/- (Medical expenses) + Rs.40,000/- (Financial Loss suffered ) + Rs.10,000/- (For future treatment) + Rs.5,000/- (For pain and sufferings) –Rs.1,20,000/- ( Rupees One Lakh Twenty Thousand) only.”

9. Being aggrieved by the above assessment of compensation, the appellant/ Oriental Insurance Co. Ltd. has preferred this appeal on the following grounds:-

(a) That no evidence was adduced by the claimant/