ROSHESHWAR DUTTA Vs. PRAMOD GOGOI

JUDGEMENT

(1.) All these appeals filed under Section 173 of the Motor Vehicles Act, 1988 by the claimants are tied up together for the reason that the claims related to those appeals are from the same accident and in addition thereto those claims have been disposed of by the common judgment and award dated 17.08.2006 as passed by the Motor Accident Claims Tribunal, Golaghat in MAC Case No. 67 of 2008, MAC Case No. 68 of 2003 and MAC Case No. 69 of 2003. The findings as returned by the Tribunal as regards the accident that occurred on 16.06.2002 when the Maruti Car bearing registration No. As-04-A-8604 which the appellants were travelling-by was dashed by the offending vehicle bearing registration No. AS-01-J-0045(Bus) having been driven in a rash and negligent manner, the serious injuries as sustained by the appellants on their persons, damage caused to the Maruti Car and the insurance cover of the offending bus by the respondent No. 2 are not in dispute by either of the parties and in the appeal. As such, those findings stand affirmed by this Court and further appraisal thereof is avoided.

(2.) The questions as projected in this appeals are common and related to the insufficiency of the compensation vis-a-vis the injuries and disability as received by the appellants from the said accident.

(3.) Mr. J. Singh, learned senior counsel appearing for the appellant submitted that the impugned judgment and award has been passed in denying the principle as laid down in Section 168 of the Motor Vehicle Act, 1988. To illustrate further, Mr. J. Singh, learned senior counsel has stated that the medical expenses as supported by the proper records has not been included in the compensation and also the rate of disability has been relegated to while determining the compensation.