DIPEN DAS Vs. NIREN MAHANTA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 09-04- 2009 passed by the learned District and Sessions Judge (FTC) No.2, Kamrup, Guwahati in MAC Case No. 177 of 2004.

(2.) Facts of the case is that the claimant met with an accident on 02-02-2004 while he was travelling from Guwahati to Khlienriat, Meghalaya in a bus bearing registration No. AS-01/P-0170, which overturned while negotiating a curve. The vehicle was driven in a rash and negligent manner by the driver and as a result, the bus overturned while negotiating a bend.

(3.) The claimant sustained severe injuries on both his arms, he went for medical treatment for quite a long time. However, the fractures on both his hands were grave which could not be cured and both his hands were amputed. The victim who is 25 years of age was supposed to be working as a Manager in a Coal Depot at Beltola earning Rs. 7,500 p.m. He was unable to continue his job as such, his loss of earning was projected to be 100%.