NATIONAL INSURANCE COMPANY LTD Vs. UTTAM DEBNATH; MD BIJIT HOSSAIN; PRADIP CHANDRA SHIL

JUDGEMENT

(1.) Both the appeal and the cross objection are being disposed of by a common judgment since they arise out of the same claim petition and a common award dated 16-06-2008 passed by the learned Motor Accident Claims Tribunal, Sonamura, West Tripura in case No. T.S.(MAC) 02 of 2008 whereby Rs.5,88,725/- was awarded in favour of the claimant.

(2.) The claimant Uttam Debnath filed a claim petition alleging that he was engaged in transportation business and earning Rs.10,000/- per month. According to him, on 17-01-2007 he was travelling in jeep bearing registration No.TR-01-B-2483. This jeep met with an accident and the claimant received injuries in his spinal cord, especially in the 3rd and 4th vertebrae. The petitioner accordingly claimed Rs.25,40,000/- as compensation.

(3.) The claim petition was contested and after contest, the learned Motor Accident Claims Tribunal held that the claimant was earning Rs.5,000/- per month. Thereafter, the learned Tribunal relying upon the disability certificate assessed the loss of income at 50% and assessed the compensation accordingly. The Insurance Company by means of the appeal has claimed that the amount of compensation awarded is highly excessive and the claimant has filed cross-objection claiming enhancement of the amount.