UNION OF INDIA Vs. MUMTAZ AHMED

JUDGEMENT

(1.) This is an appeal made under Section 173 of the Motor Vehicles Act, 1988 (in short, M.V. Act, 1988) against the award, dated 10.5.2005, passed by the learned Member, MACT, Nagaland, Dimapur, in MACT Case No. 169 of 2002, whereby the learned Tribunal has directed the appellant herein to pay to the claimant/respondent a sum of Rs. 5,19,176/- as compensation with further direction that the payment shall be made within a period of one month from the date of the award and, in default thereof, to pay interest @ Rs. 9% p.a. on the awarded amount from the date of filing of the Claim Petition, i.e. from 5.10.2002, till the date of payment of the entire awarded amount.

(2.) We have heard Mr. P.B. Paul, learned CGSC appearing on behalf of the appellant, and Mr. AR Sharma, and learned counsel appearing for the claimant respondent.

(3.) The claimant-respondent herein instituted a Claim Petition seeking compensation u/s 166 of the MV Act, 1988, against the appellant and 3 others, the case of the claimant being, in brief, thus: The claimant used to be a hawker and sell readymade garments by moving from place to place and earn thereby a sum of about Rs. 5,000/- per month. The claimant had gone to Peren area in connection with business and stayed in the Labour camp, at Peren, for the night. On the following day, i.e. on 20.6.2001, at about 6.30 A.M., the claimant got into the vehicle of the GREF, which was to go to Peren town. When the vehicle was about to reach Peren town, the vehicle left the road and went down the road 200 ft. The accident, which so took place, resulted into the death of three occupants of the said vehicle and as many as 37 persons including the claimant got injured. From the place of accident, the claimant was shifted to the Civil Hospital, Peren, in unconscious state and was given first-aid there. From the Civil Hospital, Peren, the claimant was shifted to the Civil Hospital, Dimapur, and was discharged from there on 24.6.2001. The petitioner sustained fracture of his right femer and remained at the Civil Hospital, Dimapur, from 20.6.2001 to 24.6.2001 and, thereafter, the petitioner took discharge from the said hospital and went to his hometown, in U.P., and got himself treated, initially, at Bolia and, then, in the Institute of Medical Sciences and NSS Hospital, at Banaras, where he was operated and an iron rod was inserted into his right femer so that he could stand up and he was discharged from there after about one month. For the purpose of his treatment, the claimant incurred expenses to the tune of Rs. 3,48,118/- and he still needs about Rs. 60,000/- for yet another operation, which he has to undergo in order to take out the iron rod, which had been inserted into his right leg. The: claimant, in all, made a claim for payment of Rs.8,39,720/- as compensation for pecuniary loss, expenses for treatment, pain and suffering and loss of amenities of life, the case of the petitioner being that he had been disabled from carrying on his business and his loss was total.