DIPEN RABHA Vs. NEW INDIA ASSURANCE CO. LTD. AND ANR.
HIGH COURT OF GAUHATI
New India Assurance Co. Ltd. And Anr.
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(1.) Heard Mr. H. Das, learned Counsel appearing for the appellant. Also heard Mr. K.K. Bhatta, learned Counsel appearing for the Respondent No. 1. None appears on call for Respondent No. 2. Although notice has been duly served.
(2.) By this appeal under Section 173 of the Motor Vehicles Act, the appellant has prayed for enhancement of the award dated 04.08.2011 passed by the learned Member, Motor Accident Claim Tribunal Goalpara, by which a sum of Rs. 3,369/-(Rupees three thousand three hundred sixty nine only) was awarded as compensation in favour of appellant.
(3.) The learned Counsel for the appellant has submitted that the appellant was a cultivator and he used to sell his agriculture products like vegetables etc., in the market and was earning about Rs. 5000/- (Rupees five thousand only) per month. On 05.08.2000, at about 7.30 A.M., the bus bearing registration No. AS-14-6111 by which he was travelling, met with an accident at Kuhiarmari on NH 37 under PS Dhupdhara in the district of Goalpara. The police made an entry bearing Dhupdhara PS GDE No. 99 dated 05.08.2000. It is submitted that as a result of the accident, the appellant suffered a fracture on the left leg tibia and suffered cut injuries all over the body. The learned Counsel for the appellant submits that in the claim petition it was projected that the appellant suffered pain and was permanently disabled by 40% and that he had to undergo treatment for more than six (6) months and incurred an expenditure of Rs. 30,000/- (Rupees thirty thousand only). It is further submitted that although the learned Tribunal had accepted the accident and injuries suffered by the appellant, but awarded only a sum of Rs. 369/- (Rupees three hundred sixty nine only) on account of medical expenses and a sum of Rs. 3000/- (Rupees three thousand only) was awarded on account of pain and sufferings. It is submitted that the learned Tribunal failed to appreciate the 40% disability suffered by the appellant and therefore, failed to award just and proper compensation to the appellant. Hence, the learned Counsel for the appellant prays for the enhancement of the award by considering the loss of earning capacity as well as the disability suffered by the appellant.;
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