KUNAL KASHYAP SHARMA Vs. KANAKLAL BHUYAN

JUDGEMENT

(1.) Heard Mr A Lal, learned counsel appearing for the appellant and Mrs M Choudhury, learned counsel appearing on behalf of the respondent No. 2/Insurance Company.

(2.) The injured claimant as appellant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988, challenging the judgment and Award dtd. 13/7/2018, passed by the learned Member, MACT, Morigaon, in MAC Case No. 43 of 2014, awarding compensation amounting to Rs.7,55,726.00 (Rupees Seven Lakhs Fifty Five Thousand Seven Hundred Twenty Six Only) Only, in favour of the claimant/appellant and has prayed for enhancement of compensation.

(3.) The brief facts of the case is that on 14/6/2004, at about 9:00 pm, while the claimant/appellant was proceeding towards Morigaon by riding his motor cycle bearing Registration No. AS-02-H-0109 and when he reached Na-Bheti, another vehicle (Bolero Pick-Up Van) bearing Registration No. AS-01-DC-7724, coming in a rash and negligent manner knocked him down from behind, as a result of which, the claimant/appellant sustained grievous injuries on his person. Immediately after the accident, the claimant/appellant was shifted to Morigaon Civil Hospital for treatment, and subsequently, he was referred to Guwahati and on the next day, he got admitted to Dispur Hospital, Guwahati, where he took treatment for a couple of days as an indoor patient. The claimant/appellant had to undergo two operations. But, he was not fully recovered and his treatment was still going on at the time of filing of the case.