ARUN DAS Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Ms. J. Paul, learned counsel for the appellant. Also heard Mr. M. Dutta, learned counsel representing respondent No. 1.

(2.) This appeal has been preferred against the judgment and award dated 25.01.2010 passed by the Court of learned Addl. District and Sessions Judge (FTC) No. 2-cum-Member, MACT, Kamrup, Guwahati in connection with MAC Case No. 276/2005 awarding compensation of Rs. 30,400/- on account of medical expenses, pain and suffering, loss of amenities of life and other miscellaneous expenses suffered by the claimant Arun Das due to the accident that has occurred on 11.12.03. In this appeal the claimant is seeking enhancement of the amount of compensation awarded by the learned Tribunal.

(3.) The claimant Arun Das was knocked down by an Omni bus bearing registration number AS-01/J-1554 on 11.12.2003 at about 01:30 p.m. when he was standing by the side of the road at Ahatguri. As a result of the said accident the claimant claims to have suffered fracture on his right leg and right hand besides grievous injury in the head, back bone and other parts of the body which has resulted into permanent disability to the extent of 40%. It is also the claim of the claimant that at the time when the accident took place the claimant was a 9 years old school going boy and as such an amount of Rs. 5,10,000/- has been claimed by way of compensation.