NEW INDIA ASSURANCE COMPANY Vs. HAREN DASS

JUDGEMENT

(1.) THE insurer herein appeals from the award dated 3-4-78 of the Motor Accident Claims Tribunal, Nowgong in M.A.O. Case No. 13 of 1976 allowing compensation of Rs. 56,000/- out of which the insurer is to pay Rs. 51,000/- and the insured Rs. 5,000/-.

(2.) THE first respondent, Haren Das, was travelling by bus No. ASZ 851 on 8-1-76 from Udari to Jaluguti and when the bus came near Dandua-pathar, at a distance of about 4 miles east from Morigaon Police Station, it capsized and fell into a ditch when its wheels ran up over the heaps of chips staked on the road. The claimant-first respondent received several injuries. His right leg was fractured and left hand was cut by the glasses of the bus. He had to be treated at Marigaon State Dispensary and then at the Now going Civil Hospital. Because of the fractured right leg he has been permanently disabled and his leg has shortened and he is unable to walk erect without the help of a stick and is unable to perform his normal work like cultivating his own land and managing his grocery shop. He claimed Rs. 1,03,000.00 as compensation impleading both the insurer, the present appellant, and the insured, the owner of the vehicle, the second respondent both of whom appeared before the Tribunal, but the latter did not file any written statement.

(3.) AS regards the quantum of compensation the learned Tribunal observed that the claimant spent Rs. 5906.33 p. on treatment and his income from his grocery shop has been considerably reduced because of his liability to carry on purchase and transport of the grocery for his shop. Further his annual income from his landed property, which was Rs. 300/- per month has also been considerably lessened. The claimant was aged 45 years and had seven dependents in his family. Considering the above facts the Tribunal awarded Rs. 50,000/- as compensation for his permanent disablement and also Rs. 6000/- being the amount spent on treatment. This was apportioned between the insurer, who was to pay Rs. 51,000/-, and the owner who wa3 to pay Rs. 5,000/-.