13&14 07.11.2022 NB Ct. 237 COT 4426 of 2005 In FMA 236 of 2008 Subir Kumar Mohanta Vs. National Insurance Co. Ltd. Mr. Subir Banerjee, Mr. Sandip Bandyopadhyay, Ms. Ruxmini Basu Roy. …for the claimant/cross-appellant. Mr. Deb Narayan Roy. …for the respondent/Insurance Co. This Cross-Appeal No. COT 4426 of 2005 is directed against the judgment passed in MAC Case No.86 of 2003 passed by the Motor Accident Claims Tribunal, Uttar Dinajpur, Raiganj under Section 166 of the Motor Vehicles Act awarding Rs.2,00,000/- (rupees two lakhs only). The Motor Accident Claim case arose out of an application filed by the injured Sri Subir Kumar Mohanta who met an accident while coming towards Raiganj State Town from Itahar side by cycle through left flank of the road. At that time the offending vehicle (Bus) bearing no.WB 65/2275 coming from the Malda side on a very high speed without blowing any horn dashed against the injured Subir Kumar Mohanta who sustained injury on his right hand and ultimately taken to Raiganj Hospital and his right hand was amputated. In support of his claim petition, one Ganapati Joarder was examined as PW 2, an employer of the injured as PW 3. Considering of evidence and exhibited documents, learned Tribunal granted award of Rs.2,00,000/- (rupees two lakhs only) in favour of the injured. In course of argument, learned advocate appearing on behalf of the injured/appellant submits that learned Tribunal did not consider the evidence of PW 3 who was the employer of injured who used to give Rs.5000/- (rupees five thousand only) per month to the injured. It is further submitted on behalf of the appellant that learned Tribunal should have taken monthly income of Rs.5000/- (rupees five thousand only) instead of Rs.3000/- (rupees three thousand only) and learned Tribunal did not consider the future prospect at all. Learned advocate appearing on behalf of the Insurance Company submits that learned Tribunal has rightly assessed Rs.3000/- (rupees three thousand only) per month as monthly income could not be proved by the so-called evidence of the employer. After careful perusal of evidence on record as also documents therein, I find no reason to disbelieve disability in his case and injury sustained by the claimant and also cannot ignore the disability certificate (Exhibit 3) and hospital records (Exhibit 5) showing 70% disability of the injured due to amputation of right hand. So far as monthly income is concerned, after careful perusal of the evidence of PW 3, I do not find any reason to interefere with the observation of the learned Tribunal as PW 3 claiming himself as employer of the claimant could not show 2 any single document in support of his office and employment of the claimant. In these circumstances, I am of the opinion that monthly income of Rs.3000/- (rupees three thousand only) is to be taken for assessment of compensation. Keeping an eye to the amputation of right hand of the claimant, I am of the opinion that Rs.1,00,000/- (rupees one lakh only) should be awarded towards pain and suffering. However, considering all facts and circumstances, I determine the compensation as follows. Monthly Income Rs. 3000.00/- Annual Income x12 Rs. 36,000.00/- Add: Future Prospect @10% Rs. 3600.00/- Rs. 39,600.00/- Multiplier 11 x 11 Rs. 4,35,600.00/- Add: Pain and Suffering Rs. 1,00,000/.00/- Rs. 5,35,600.00/- Less: Award of Learned Tribunal Rs. 2,00,000.00/- Balance enhanced Compensation Rs. 3,35,600.00/- It is reported that claimant has already received Rs.2,00,000/- (rupees two lakhs only). Claimant is entitled to balance amount of Rs.1,35,600/- (rupees one lakh thirty five thousand six hundred only) along with the interest at the rate of 6% per annum from the date of filing of the claim petition till deposition of the amount before the Office of the Learned Registrar General, High Court, Calcutta. Insurance Company is directed to deposit balance of Rs.3,35,600/- (rupees three lakh thirty five thousand six 3 hundred only) along with the interest of Rs.6% per annum within six months from date. Learned Registrar General will disburse the amount to the injured along with interest. COT 4426 of 2005 stands disposed of accordingly. Urgent photostat certified copy of this order be supplied to the parties expeditiously, if applied for. (Bibhas Ranjan De, J.) 4