Decided on March 06,2019

Branch Manager Oriental Insurance Co. Ltd. Appellant
Lunkhosei Khongsei Respondents


RAMALINGAM SUDHAKAR, J. - (1.) Heard Mr. A. Deni Sharma, learned counsel appearing for the insurance company; and Mr. A. Sachikumar, learned counsel for the claimant.
(2.) The insurance company filed MAC APP. No. 1 of 2018 and the claimant filed MAC APP. No. 3 of 2018. The accident in this case happened on 28.02.2017. While Shri L. Khongsai was walking on the Road on N.H. No. 2, he was hit from behind by a Tata Oil Tanker bearing Registration No. MN-01 7029. As a result of which, he suffered serious grievous injury, and was taken to Raj Medicity, North A.O.C. Due to serious nature of injury, his full left leg was amputated making him permanently disabled. As a result of that, he lost his employment as a Runner of M/S Hijam Tikendrajit Singh, Dealer Cum Contractor, Indian Oil Corporation Ltd. (Assam Oil Division) Singjamei Makha Kakwa, Imphal. Therefore, he claimed compensation for a sum of Rs. 32,03,890/-.
(3.) In support of his claim, the injured claimant was examined as P.W. No. 1, and Ext. A/1 to A/116 were marked. P.W. No. 2, namely, Chingakham Lolendro Singh is the eye witness of the accident. P.W. No. 5, Mr. Thoudam Churchand Singh, is the Sub-Inspector of Police who investigates the case. P.W. No. 4, Dr. K. Nillachandra Singh, retired Head of Department, Orthopaedic and Spinal Surgery of J.N. Hospital, Imphal, working as MS Ortho Spine Surgeon Consultant at Raj Medicity, North AOC, Imphal spoke about treatment given to the injured claimant. P.W. No. 3, Hijam Tikendrajit Singh, is the proprietor of the M/S Hijam Tikandrajit Singh, Dealer Cum Contractor, Indian Oil Corporation Ltd. (Assam Oil Division), Imphal, Manipur, under him, the injured claimant was employed as a Runner, and he stated that monthly salary of Rs. 11,000/- was given to the injured claimant before the injury. P.W. No. 6, Kulbhushan Laikhuram, is the Assistant Manager of Padma Religare, who stated about the cost of Hip Joint Prosthesis.;

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