JUDGEMENT
M.RAMAKRISHNA, CJ. -
(1.)This appeal is presented by the-Managing Director of the Assam State Transport Corporation (ASTC in short), Paltanbazar, Guwahati, questioning the judgment and award made by the Member, Motor Accident Claims Tribunal (MACT), Kamrup, Guwahati, in MAC Case No. 150(K)/1993, awarding a total compensation of Rs.6,00,000/- (Rupees six lakhs) only, with interest at the rate of 12% per anum from the date of filing of the claim petition till the decree is complied with.
(2.)The appellant has taken a number of grounds to attack the award, particularly :-
(i) The Tribunal a sum of Rs. 1,00,000/- towards expenditure incurred by the claimant for his treatment in the hospital; (ii) A sum of Rs. 1,00,000/- awarded under the head "Mental Shock, Suffering, agony and physical pain" on the ground that this award is not proper; (iii) The appellant has also questioned the awarding of Rs. 1,00,000/- towards compensation by way of expenditure for future treatment and also a sum of Rs.2,00,000/- awarded to the claimant under the head "permanent loss of income avenues".
(3.)The few facts which are necessary for the disposal of the appeal are as follows: Shri Nareswar Dutta, the respondent herein, at the relevant point of time, was working as Judicial Magistrate, 1st Class, under the Assam State Judicial Service and was functioning as such at Sibsagar. On 12th April, 1991, he boarded the bus bearing registration No. AS-20 0128, at Sibsagar travelling to his home town, Guwahati. The bus was being driven by ShriNiranjan Deka,respondentNo. 2 in the claim petition, though his name is omitted to be imp leaded as a necessary party in the appeal. It is alleged that on account of rash and negligent driving by the bus driver, the bus went and dashed against an wayside standing tree resulting in serious accident to the claimant. The injured/claimant was taken to the hospital at Jorhat and ultimately, he was advised to go to Christian Medical College Hospital, Vellore, He took treatment in the said hospital as in-patient from 23.8,91 to 21stApril, 1992, It is stated that the claimant is still receiving treatment at the hands of the Medical Officer of the Christian Medical College Hospital (CMC),Vellore,
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