ORIENTAL INSURANCE COMPANY LTD Vs. WAHIDUL ISLAM

JUDGEMENT

(1.) The Insurance Company has preferred this appeal challenging the award dtd. 4/9/2013 in MAC Case No. 417/2009 passed by learned Member, MACT, Goalpara. The respondent No. 1 in this appeal is the claimant.

(2.) The brief facts of the case is that on 9/3/2009 at about 7:00 A.M. while the claimant/respondent No. 1 Wahidul Islam was going towards Goalpara Civil Hospital on foot from Bapuji Nagar, he met with an accident due to rash and negligent driving by the driver of the vehicle bearing Registration No. AS-18A/2814(Truck) in front of the office of DTO, Goalpara. Due to the alleged accident, he sustained grievous injuries on his person. He was immediately taken to Goalpara Civil Hospital. Subsequently, he took treatment at Life Care Hospital and Research Co-operative Society, Goalpara. As a result of the accident, the claimant suffered Communated fracture of right Tibia and both bones of left legs and multiple injuries all over his bodies. The vehicle in question was insured with Oriental Insurance Company Ltd. at the relevant time of accident. Subsequently, the claimant attended the District Standing Medical Board and extent of damage sustained by him as a result of the accident was assessed by the Board and it was assessed that he suffered about 60 % permanent disability.

(3.) After completion of trial, learned Tribunal has agreed with the assessment report of the Medical Board on disability of the claimant as 60% and also income of the injured as Rs.9,000.00 at the time of accident as vegetable vendor and calculated the award of compensation on different heads amounting to Rs.10,72,757.00(Rupees Ten Lakhs Seventy-Two Thousand and Seven Hundred Fifty-Seven) only in favour of the claimant/respondent No. 1.