SHYAMBABU SINGH Vs. KESHAB BARUAH

JUDGEMENT

(1.) This is an appeal by the claimant against the judgment and award dated 30.04.2007 passed by the Motor Accident Claims Tribunal. Tinsukia, in MAC Case No. 85 of 2004. The findings as returned by the Tribunal as regards the accident that occurred on 14.01.2004 while the claimant was driving the Night Super Bus bearing registration No. AS-01-E-8269 from Tinsukia to North Lakhimpur and the said vehicle was dashed by another Truck bearing registration No. ASE-5545 having been driven rashly and negligently, injuries as received by the appellant in the said accident and the insurance cover of the said bus vehicle by the New India Assurance Company Ltd. and of the other vehicle (truck) by the United India Insurance Company Ltd. are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed requiring no further appraisal.

(2.) The questions those have been raised in the appeal are related to the assessment of the compensation and its components.

(3.) Mr. G. Jalan, learned counsel appearing for the appellant submitted that for the disability suffered by the appellant, he has been ousted form his occupation of driving the heavy vehicle. It would be apparent form the Exbt. 5 document as issued by Dr. J. Mukhopadhya that for the total replacement of hip, the appellant cannot sit crossed-leg or squat. The appellant had developed permanent disability and he advised no to do any strenuous work. Apart that, it appears from the deposition of the C.W. (the appellant) that he had to incur medical expenses to the extent of Rs. 85,936/-.