MOYUR UDDIN BARBHUIYA Vs. TANTIA CONSTRUCTION CO LTD

JUDGEMENT

(1.) Heard Mr. M. Talukdar, the learned counsel for the appellant as well as Mr. R. Goswami, the learned counsel for the respondent No. 2 Insurance Company.

(2.) This is an appeal filed by the appellant/ claimant seeking enhancement of the award made by the Motor Accident Claims Tribunal for the injury suffered by him.

(3.) Brief facts of the case may be narrated at the outset. The appellant was engaged as a Driver of Tripper bearing Registration No. AS-24/6842 by his employer i.e. Tantia Construction Limited (respondent No.1). On 12.03.2008 at about 5.10 pm, while unloading earth from the Tripper at Bandarkhal, all of a sudden due to mechanical defect, the Tripper moved backwards and fell into a deep gorge. As a result, the appellant sustained fracture of shaft of right femur and abrasion on right eye. He was immediately taken to Borkhola PHC for treatment and thereafter, shifted to Silchar Medical College and Hospital (SMCH). He was admitted in the said Hospital as an indoor patient w.e.f. 12.03.2008 to 04.04.2008 i.e. for 23 days and during this period, he underwent an operation. In connection with the accident, GD Entry No. 192 dated 13.03.2008 was made by Borkhola Police Station and upon making an inquiry the police found that the accident indeed happened and the appellant sustained injuries. As a result, the appellant filed a claim under Section 163-A of the Motor Vehicles Act, 1988 (MV Act) before the Member, Motor Accident Claims Tribunal, Silchar, Cachar. The claim was registered and numbered as MAC Case No. 222/2011. In support of his claim, the appellant examined himself as claimant witness No. 1 and Doctor Sarfraz Iman, an Orthopaedic Doctor of SMCH as claimant witness No. 2. The respondent no. 2 as well as the owner of the accident vehicle did not examine any witness but they filed their written statement. Consequently, the Tribunal vide the impugned Judgment dated 30.11.2013 disposed of the claim by awarding a sum of Rs. 44,526/- alongwith interest @ 9% per annum w.e.f. the date of filing the claim application to the appellant as compensation.