SAKUTUSHI AO Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') is for enhancement of the award passed by the learned Member, Motor Accident Claims Tribunal on 21.12.2004 in MAC No. 151 of 2003.

(2.) The facts leading to the filing of the present appeal is that the claimant/appellant filled application under Section 166 read with the Section 140 of the Act praying for grant of compensation on account of the injury sustained by him alleging that, on 15.5.2002 at about 11.45 a.m. while he was coming to Kobulong from Sungratsu on foot, the vehicle (Jeep) bearing registration No. NLK-3686 belonging to the present respondent No. 4 and driven by the present respondent No. 3 in a reckless and negligent manner hit the appellant causing fracture in his right leg and as a result of which he became disabled. The appellant also claimed that he is a Goabura of Kobulong town and was earning Rs. 3000/ - per month by doing private repairing work of sewing & knitting machines being a trained mechanic and because of the injury sustained he became permanently disabled and as such, cannot earn any more as mechanic. It has further been contended in the claim petition that the vehicle was insured by the present respondent No. 1 by issuing a valid policy of insurance covering the risk of the third party. The claimant examined two witnesses namely claimant himself as well the doctor, who treated him at Dimapur in support of his claim. No witness was examined on behalf of the Insurance Company namely the present respondent Nos. 1 and 2 though written statement was filed by them. The owner and the driver of the vehicle did not contest the proceeding either by filing written statement or by cross examining the claimant witness or by examining any witness on their behalf. The learned Tribunal upon appreciation of evidences on record, both oral and documentary, passed the award awarding lump sum compensation of Rs. 35,000/- (rupees thirty five thousands), which includes medical expenditure Rs. 17,160/- with interest at the rate of 9% per annum from the date of filing of the writ petition i.e. 4.9.2003 till the date of payment. Hence the present appeal by the claimant for enhancement of the compensation for the bodily injury sustain by him.

(3.) I have heard Mr. C.T. Jamir, learned counsel for the claimant/appellant and Mr. B.Debnath, learned counsel appearing on behalf of the respondent Nos. 1 and 2. None appears for the respondent Nos. 3 and 4, despite service of notice.