NATIONAL INS. CO. LTD. Vs. NOKENYANGER

JUDGEMENT

(1.) This is an appeal under section 173 of the M.V. Act, 1988 against the judgment and award dated 25/10/2019 passed by the learned Member, MACT in MAC Case No. 25/2016.

(2.) The facts of the instant case is that the claimant Shri Nokenyanger son of Wapongmayang was hit by Bolero Mahindra bearing No. NL-2C-7593 on o4/04/2016 at about 2.30 PM near Longtho Mokokchung-Mariani road. In the application under section 166 of the M.V. Act, 1988 it was claimed that the respondent suffered permanent injuries due to fracture of femur on left, fracture of patella (right), cervical and head injury sustained in the accident. On adjudication of the claim petition, certificate from medical board of Dr. Imkongliba Memorial District Hospital Mokokchung which is annexed as Annexure-1 and 2 showing that the claimant/respondent had suffered 60% disability and accordingly the learned Tribunal considered compensation to the tune of Rs. 25,87,837/-. The claim and compensation awarded has been challenged on the ground that the Doctor issuing the certificate were not examined and also on the ground that the claimant is still drawing his salary which is certified to be Rs. 23,003/- per month. This being the position, the learned counsel for the appellant, the Insurance Company, Mr. Imti Imsong has argued that there is no loss of income and therefore, to award compensation of 60% disability in terms of the medical certificate rendered by the medical board is not sustainable and must be set aside.

(3.) Side by side, the learned counsel for the appellant has pleaded that the RTI which was filed to extract information with respect to the status of the claimant/respondent from his Department i.e. office of the Director General of Police is shown as the claimant having being appointed w.e.f. 10/11/2009 as Unarmed Branch Constable. Further, the RTI has shown that the medical board has certified that Mr. Nokenyanger has been declared medically fit. The RTI was replied to the appellant by letter No. PHQ CON-11/185/RTI/2015-16/1371 dated 21/7/2018. The date of the accident being 4/4/2016, the said report clearly indicates that the claimant/respondent is fit to serve. The RTI reply which was furnished to the appellant was dated 21/7/2018. Hence there can be no loss of income to the claimant and the award passed by the learned Tribunal has to be interfered with. The learned counsel also submits that the award passed by the learned Tribunal was influenced by the statement of the claimant who has stated that he was not getting salary at the relevant point of time. The order of the learned Tribunal is recorded as "it is correct to say that I have served in the Police Department for about 13 years as Constable. It is correct that I have sustained 60% of disability as such, I am not getting salary". The learned counsel has argued that the learned Tribunal was influenced by the statement deposed at trial stage by the claimant that he was not getting salary and has accordingly allowed the award. However, now that the learned counsel for the claimant admits at the bar that the claimant is getting his full salary, it cannot be presumed that there is any loss of income and accordingly the award must be set aside.