Functional disability for compensation is determined by the actual impact of an injury on earning capacity, not just physical impairment; an intelligence quotient of 60 indicates significant cognitive impairment, justifying a 100% loss of earning capacity.

JUDGMENT AND ORDER

[1] Heard Mr. S. Dutta, the learned counsel for the appellant. Also heard Mr. G. Uddin, the learned counsel for the respondent No. 1.

[2] This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant, namely, Oriental Insurance Co. Ltd. impugning the judgment and award dated 16.06.2017, passed by the learned District Judge-cum- Member, Motor Accident Claims Tribunal, Karimganj, in MAC Case No. 93/2018.

[3] The facts relevant for consideration of the instant appeal, in brief, are that on 18.02.2011, at about 9:30 P.M., when the son of the present respondent No. 1, namely, Zakir Hussain Talukdar, was driving a motor cycle, a Truck bearing Registration No. AS-10-3439, driven in a rash and negligent manner, dashed against the motor cycle causing an accident wherein, he sustained grievous injuries on his person. Thereafter, after the said accident, the father of the injured Zakir Hussain Talukdar, namely, the present respondent No. 1, had approached the Motor Accident Claims Tribunal, Karimganj by filing an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by his son in the above-mentioned vehicular accident. The aforesaid claim case was registered as MAC Case No. 93/2018. The present appellant contested the claim by filing written statement taking various defences, including the defence that the offending truck was not covered under valid insurance policy. The owner of the offending vehicle did not appear before the Tribunal and the claim case proceeded ex-parte against the said owner. On the basis of the pleadings of the parties, the Motor Accident Claims Tribunal framed following issues:-

“i. Whether the alleged accident took place due to rash and negligent driving of the offending vehicle bearing registration No. AS-10-A-1214 in question and injures of the injured occurred in the accident?

ii. Whether the vehicle was duly insured with respective opposite party Insurance Company covering the period of the accident?

iii. Whether the claimant is entitled to get any compensation, if so, to what extent and by whom payable?

iv. To what other relief/reliefs the claimant is entitled in law and equity?”

[4] PERUSED THE RECORD: The relevant portion of the order of this Court dated 21.08.2024 passed in W.P.No.21745 of 2024 is extracted hereunder:

“In view of the submissions made by the learned counsels on the both sides, this Writ Petition is disposed of directing the respondents to release the vehicle i.e., Goods Carrier bearing Registration No.TS- 01-UB-3982, seized in connection with Crime No.253 of 2024, dated 18.07.2024 of Khammam I Town Police Station, Khammam District, in favour of the petitioner subject to condition of his furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the respondent No.2-Collector (Civil Supplies), Khammam District. Release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6-A of the EC Act . Pending such proceedings, the petitioner is directed not to alienate or alter physical features of the subject vehicle, and is further directed to produce the vehicle as and when required by the authorities concern