SUDIP CHANDRA NATH Vs. MD. ABDUL MOTIN LASKAR

JUDGEMENT

(1.) Heard Mr. P.K. Deka learned counsel for the appellant as well as Mr. R. Goswami learned counsel for the respondent No.2. None appears on call for the respondent No.1.

(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 is filed against the judgment and award dated 18.12.2006 passed by the learned Member, MACT-cum-Additional District Judge (FTC), Karimganj in MAC Case No.239/2005. This appeal is for enhancement of the award.

(3.) By filing the application under section 166 of the Motor Vehciles Act, the appellant had projected that on 01.08.2005 at about 9:30 am while he was travelling from Kalain to Borkhola by bus bearing registration No. AS-11-A/3052, while the vehicle reached near Padritilla at Kalain, the said vehicle turned turtle and fell into the road side ditch due to rash and negligent driving by the driver. As a result of the accident, the appellant sustained grievous injuries. After the accident, the appellant was taken to Kalain Community Health Centre where he had undergone treatment till 11.08.2005 as indoor patient. In the claim petition it was projected that due to the injuries he had become permanently disabled and was not fully cured and claimed that he could not do his professional and normal works. The appellant prayed for compensation of Rs.2,00,000/- (Rupees Two lakh only) with interest thereon.