NATIONAL INSURANCE COMPANY LIMITED Vs. DIP RANJAN TALUKDAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/Insurance Company against the Judgment and Order dtd. 16/6/2015 passed by learned Member MACT No. 2, Kamrup(M) in MAC Case No. 366/2013 awarding compensation of Rs.28,33,583.00 only in favour of the claimant/respondent.

(2.) The brief facts of the case is that on 29/8/2012, minor son of the claimant while travelling in a vehicle bearing No. AS-14- 3791(Tempo) from Chatemari towards Ghoga and when the said Tempo reached at Chatemari, under Mukalmua Police Station, the son of the claimant fell down from the said Tempo, due to rash and negligent driving by the driver of the said vehicle. As a result, he sustained grievous injuries on his person including head. The injured was immediately taken to GMCH, Guwahati. Thereafter, he was shifted to Sankerdev Netralaya, Beltola, Guwahati as well as Mechi Netralaya, Mechi Nagar, Nepal for his better treatment. At that time the injured was 12 years of age. Due to the alleged accident the injured has completely lost his vision and on examination doctor opined that he has become a permanent disable having 100% disability, i.e. blindness.

(3.) In the appeal, a specific ground was taken by the respondent insurance company relying on the decision of the Hon'ble Apex Court in Master Mallikarjun v. Divisional Manager, National Insurance Company Limited reported in [(2014) 14 SCC 396], that the compensation awarded is exorbitant and therefore it is to be scaled down.