AJAY KUMAR SINGH Vs. KYRSHAN LAMARE

JUDGEMENT

(1.) Being aggrieved by the award of compensation amounting only to Rs. 1,66,670/- in the judgment dated 1-8-2008 passed by the learned Member, Motor Accident Claims Tribunal, Shillong in MAC No. 31 of 2005, this appeal is preferred by the claimant-appellant for enhancement of the compensation.

(2.) The appellant was at the relevant time serving as Havildar in the Indian Army presently posted at 58 GTC (Adm Bn), Happy Valley, Shillong. It is his pleaded case that on 6-11-2004 at around 5.35 PM, while riding from Police Bazar to Happy Valley on a motor bike bearing ML-05D-0842 driven by Havikldar Gopi Chhetri with him as pillion rider, one Indica Tourist Taxi bearing ML-04-746 running in full speed negligently dashed against their motor bike near the gate of Step by Step School, Barik Point with the result that he fell down from the bike and sustained multiple head injuries. Due to this accident, he lost the side vision of both his eyes permanently: his left eye became squint, and he has since then been suffering from frequent fits and seizure. As these injuries are permanent in nature, which cannot be cured, his medical category has permanently been reduced to P-2- permanent. He is, therefore, liable to be discharged from military service at any time without any service benefit. He is also being debarred from further promotion to a commission rank and is also debarred from UN Foreign posting. According to him, his whole unit were to be posted to Sudan in the year 2009 on peace keeping mission under the United Nations Organization (UNO) for one year, but he could not be there due to the injury thereby losing the chance of earning Rs. 1,00,000/- per month apart from other benefits. At the sametime, he requires a large amount of money for his treatment from time to time even after his discharge from service. He, therefore, filed the claim petition for compensation of Rs. 17,89,693/- under different heads of entitlement, both pecuniary and non-pecuniary for loss and sufferance due to the accident. In the claim petition, he furnished the particulars of his injuries, the expenses he had incurred and would be incurring for the rest of his life as the injuries sustained by him are permanent in nature and also due to the likelihood of his getting discharge from service following reduction of his medical category.

(3.) The claim petition was contested by the owner of the Tata Indica car (respondent 1) and the Oriental Insurance Co. Ltd (respondent 4), who entered their appearances through their respective counsel and filed their respective written statements. The owner of the motor cycle initially contested the case, but abandoned the defence subsequently. The New India Assurance Co. Ltd. (respondent 5), the insurer of the motor cycle, also resisted the claim petition by filing its written statement. On the pleadings of the parties, the following issues were framed by the Tribunal, namely,