USHA MANDAL Vs. JITENDRA NATH DUTTA

JUDGEMENT

(1.) Heard Mr. R. K. Agarwala, learned counsel appearing for the appellant-claimant as well as Mr. M. J. Baruah, learned counsel appearing for the respondent No. 1. Also heard Mr. G. Baishya, learned counsel appearing for the respondent No. 5.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 21.8.1999 and subsequent order dated 22.11.1999 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MACT No. 95/97. By this appeal, the appellant-claimant is claiming for enhancement of the awarded compensation amount under the impugned judgment and award on three (3) grounds -

(3.) Neglecting the unnecessary detail fact, the concise fact, which would be required for deciding the present appeal, is that the claimant's husband i.e. the victim was proceeding from Dhubri to Nalbari on 25.6.1996 by bus bearing registration No. AS-14-0648 and at Dhirghat another bus coming from the opposite direction hit the bus in which the claimant's husband was travelling and the claimant's husband had suffered fractured in both legs. The Doctor also suggested for amputation and the accident resulted in complete disablement of the claimant's husband. The appellant's husband was treated at Gauhati Medical College Hospital for two and half months and thereafter he was brought to Dhubri Hospital where he was treated for six days and thereafter he went to Nishiganj for further treatment where he was treated for three and half months. As a result of the said accident, one of the leg of the appellant's husband was shortened by about 2 inches and after the accident he could move with support of the clutches.