NATIONAL INSURANCE CO LTD Vs. ISMAELI

JUDGEMENT

(1.) Heard Mrs. Helen Dawngliani, learned counsel for the appellant as well as Mr. Saihmingliana Sailo learned Counsel for the respondent No. 1. None appears for and on behalf of respondent No. 2.

(2.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 16.9.2008 passed by learned Member, Motor Accident Claims Tribunal, Aizawl (for short the Tribunal) in MAC Case No. 42 of 2007. Being aggrieved by an dissatisfied with the appellant has challenged the legality and correctness of the award mainly on two counts : (1) that the income as deposed and taken by the Tribunal cannot form the basis for calculation of the award since the Village Council President (for short VCP) is not competent authority to issue income certificate and (2) that the percentage of disability as calculated by the doctor and taken by the Tribunal cannot also form the basis for the calculation of the award in view of non-examination of doctor, who issued the medical certificate.

(3.) In the above two counts, Mrs. Helen Dawngliani, learned counsel for the appellant relied the ratio of the following cases: