BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. GOBINDA KALITA AND OTHERS
HIGH COURT OF GAUHATI
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
Gobinda Kalita And Others
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KALYAN RAI SURANA, J. -
(1.) Heard Ms. S. Roy, learned counsel appearing for the appellant. Also heard Mr. S. K. Goswami, learned counsel appearing for the respondent No. 1, who has also filed a crossobjection for enhancement of award.
(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and order dated 13.05.2010 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 27 of 2008, thereby awarding an sum of Rs. 6,32,000/- with interest @ 6% per annum as compensation.
(3.) The case projected by the respondent No. 1, in brief, was that on 20.12.2007 at 8.45 PM at Paltan Bazar, Guwahati, while the respondent No. 1 was waiting to cross the road, he was hit by a bus bearing Registration No. WB-73A-2639 on his right side. As a result of the accident, the respondent No. 1 had suffered grievous injury. He was taken to Mahendra Mohan Choudhury Hospital, Panbazar, Guwahati, where his guillotine amputation through upper right thigh was done on 24.12.2007. It was projected that the respondent No. 1 was working as a motor mechanic prior to the accident and was earning Rs. 5,000/- to Rs. 5,500/- per month, but he lost his job after the accident and is no longer capable of earning his livelihood. The police registered a case, being Paltan Bazar PS Case No. 785/07 under Section 279/338 IPC. The offending vehicle was owned by respondent No. 2 and was being driven by the respondent No. 3. By filing a claim petition, the respondent No. 1 had claimed compensation of Rs. 8,00,000/-.;
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