MARTUZ KHAN Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard Mr. A.T. Sarkar, learned counsel for the appellant and Mr. A.J. Saikia, learned counsel for the respondent United Insurance Company Limited.

(2.) This appeal under Sec. 173 of the Motor Vehicle Act, 1988 is instituted against the judgment and award dtd. 8/11/2019 of the learned Member, MACT No. 3, Kamrup(M) in MAC Case No. 2582/2016, directing the respondent United Insurance Company Limited to pay an amount of Rs.50,000.00 to the appellant-claimant. The appellant-claimant claims that on 6/9/2016, while he was proceeding towards his home at Katahbari, Garchuk from Jalukbari Chariali side riding on his motorcycle bearing No. AS-01-BW-6976, a City bus bearing No. AS-01-AC-0334 coming from Adabari side had knocked him down from the left side at about 8:35 p.m. As a result of the accident, he suffered injuries on his head, hands, legs, ribs etc. He was immediately taken to B.A. Saikia Memorial Nursing Home, Adabari and was subsequently admitted for better treatment at Naryana Super Speciality Hospital, Amingaon, on the same day and was discharged on 10/9/2016. In this respect, an FIR was also lodged resulting in Jalukbari P.S. Case No. 799/2016. The appellant claims that on being hospitalized for about five days, he had spent around Rs.2,00,000.00 but he could submit medical bills for an amount of Rs.98,000.00. He also claims to be a businessman by profession and thereby, earned an amount of Rs.12,000.00 per month and he has been running a fish business at Jalukbari Chariali since 18(eighteen) years.

(3.) The learned Tribunal while sifting through the evidence regarding the medical bills submitted by the appellant arrived at its conclusion that some of the money vouchers pertaining to the medical treatment were without any paid seal and without signature of any authorized person and accordingly, such medical vouchers were rejected. The learned Tribunal arrived at its conclusion that the acceptable medical vouchers amounted to Rs.50,000.00 (approximately) and accordingly, awarded the appellant-claimant a compensation of Rs.50,000.00.