MUKHDEO GIRI Vs. PRADIP PEGU AND ORS

JUDGEMENT

(1.) Heard Mr. B.K. Jain, the learned counsel for the appellant as well as Mr. K.K. Dey, the learned counsel appearing for the respondent No. 1.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 102010, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (M), Guwahati in MAC Case No. 1456/200 This appeal has been filed for enhancement of award.

(3.) The case of appellant in brief is that on 04.05.2001 while he was proceeding from Ganeshguri towards Zoo Road Tiniali at Guwahati on his motorcycle bearing registration No. AS-01-B-9905, near Sundarpur, suddenly a Matiz Car bearing registration No. AS-25-B-2277, which was coming from the same direction at a high speed in a rash and negligent manner, hit the motorcycle of the appellant from behind. As a result of the accident, the appellant had suffered multiple injuries and he was taken to GMC Hospital. Later on, he was shifted to Patna for better treatment. In his written statement, the appellant had stated that he had sustained permanent disablement to the extent of 50% and had also suffered loss of earning capacity more than 70%. It was projected that prior to the accident, the appellant had used to earn Rs. 8,000/- to 10,000/- per month. The respondents No. 1 and 2 had contested the claim case by filing their written statement. The respondent No. 3 i.e. United India Insurance Co. Ltd., had denied its liability as well as the statements made in the claim petition on the ground that the amount of compensation claimed by the appellant was highly exaggerated and the respondent No.3 had put the appellant to strict proof of his claim.