DINESH NARAYAN TRIPARTHI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Ms. P. Baruah, learned counsel for the appellant. Also heard Mr. A. Dutta, learned counsel for the respondent No. 1.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 ("the Act", in short) is presented against the judgment and award dated 14.05.2013 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar ("the Tribunal", in short) in MAC Case No. 212/2007. By the said judgment and award dated 14.05.2013, the learned Tribunal had awarded an amount of Rs.2,21,758/- as compensation for the injuries sustained by the appellant in a motor vehicular accident, along with interest @ 6% per annum from the date of filing of the claim application till realization, with the further direction to the respondent No. 1-insurer to pay the same within a period of three months therefrom. Aggrieved by the amount of compensation so awarded and seeking enhancement of the same, the claimant-injured as the appellant, has preferred this appeal.

(3.) The appellant is a resident of Badarpurghat, Police Station - Badarpur, District - Karimganj and was an employee in the Indian Railways under the establishment of the Station Superintendent, Panchgram Railway Station, Hailakandi. On 10.07.2006, at about 1-30-2-00 p.m., the appellant boarded an Auto Rickshaw bearing registration No. AS-11/C-1346 ("the subject-vehicle", in short) at Sonai and was proceeding towards Motinagar. Apart from the appellant, there were two other passengers in the subjectvehicle. When the subject-vehicle reached Swadin Market, it met with an accident due to rash and negligent act of driving on the part of the driver of the subject-vehicle and as a result of the said accident, the appellant as well as the other two passengers received multiple injuries on their persons. The subject-vehicle also got damaged in the accident. The appellant was immediately taken to hospital for medical examination and treatment. In connection with the said accident, a criminal case being Sonai Police Station Case No. 217/2006 was registered under Sections 279/338, Indian Penal Code. The appellant stated to have suffered crushed injury on the left foot; complete avulsion of the left foot; abrasion over left knee; haematoma over forehead and multiple injuries all over the body. The appellant had further stated that due to the injuries sustained in his leg, skin grafting had to be done on 05.08.2006. Seeking compensation, the appellant instituted the claim application under Section 166 of the Act before the learned Tribunal arraying the owner, the driver and the insurer of the subject-vehicle as opposite parties. The said claim application was registered and numbered as MAC Case No. 212/2007.