MD MAJID ALI Vs. PRADIP GOSWAMI & ORS.

JUDGEMENT

(1.) This appeal by the claimant is for enhancement of the amount of compensation awarded by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati vide order dated 22nd June, 2001 passed in MACT Case No. 267/1999, whereby and where-under an amount of Rs. 60,000.00 (Rupees Sixty Thousand) has been awarded as compensation for the injuries sustained by the claimant in a motor accident occurred on 17th Jan., 1999, with interest @ 9% per annum from the date of filing the application till the date of realization. By the said award, two Insurance Companies, who are the respondent Nos.3 and 5 and are the insurers in respect of the two vehicles bearing registration No. AS-01/C-9781 (bus) and AS-01/D-0558 (mini truck) have been directed to satisfy the award in equal proportion.

(2.) The appellant as claimant has filed an application under Sec. 166 of the Motor Vehicles Act, 1988 (in short, "the Act ") claiming compensation of Rs. 4,00,000.00 (Rupees Four Lakhs) for the injuries sustained by him contending inter alia that on 17th Jan., 1999 while he was driving the mini truck bearing registration No. AS-01/D-0558, another vehicle being bus bearing registration No. AS-01/ C-9781 driving in a rash and negligent manner dashed against the mini truck driven by him in front of Changsari Higher Secondary School, as a result of which, the appellant sustained grievous injuries, for which he was hospitalized for more than 1 (one) month. It has been pleaded in the application filed under Sec. 166 of the Act that because of the injuries sustained, he has suffered loss of income and also permanent disablement.

(3.) On receipt of the notices issued, the present respondent Nos. 3 and 5, the insurers in respect of the aforesaid vehicles contested the proceeding by filing their respective written statements and denying the claim of the claimants/appellants and putting the claimants to the strictest proof thereof. The owners of the vehicle have not filed the written statement, despite service of notice.