NUR MOHAMMAD Vs. SAMIR SEN AND ANOTHER

JUDGEMENT

(1.) Heard Mr. A.R. Agarwala learned counsel for the appellant as well as Ms. M. Choudhury learned counsel for the respondent No.2. None appears on call for the respondent No.1.

(2.) Challenging the award on quantum of compensation, the appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 04.04.2012 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Appeal No. 278/2003 and has prayed for enhancement of the award.

(3.) The case in brief is that on 16.10.2002 while the appellant/claimant along with one other person boarded a Mini Bus being registration No. AS-17-2544 at Agomoni for a journey to Halakura. At a place near Sonakhuli, the said bus met with an accident and rolled down by the side of the road. As a result of the accident, the appellant/claimant suffered various injuries including a fracture of the right fibula and injury on the back side. The appellant was admitted at Dhubri Civil Hospital from 17.10.2002 to 24.10.2002. Alleging that he had suffered permanent disability, the appellant claimed that he had spent a sum of Rs. 20,000/- (Rupees Twenty thousand only) as on the date of filing the claim petition and prayed for compensation of Rs. 2,00,000/- (Rupees Two lakh only). In the claim petition it was stated that the appellant was unable to walk and work after the accident, which has resulted in permanent disability.