MACApp./67/2018 on 27 July, 2026

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    Gauhati High Court

    MACApp./67/2018 on 27 July, 2026

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      GAHC010119282017
    
    
    
    
                                                          2026:GAU-AS:10233
    
    
    
    
                          IN THE GAUHATI HIGH COURT
        HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
    
                                MACApp./67/2018
                                Oriental Insurance Co. Ltd.,
                                Having Its Registered Office At Oriental
                                House A 25/27 ASAF Ali Road, New Delhi
                                110002 And Regional Office At Guwahati
                                7, Represented By The Regional Manager.
    
                                                                  .....Appellant
                                      -Versus-
                           1.   Fakar Uddin Talukdar,
                                R/o South Kandigram,
                                P.O. Malua, P.S. Badarpur,
                                District-Karimganj, Assam,
                                Pin-788806.
    
                           2.   Khairul Islam,
                                R/o Vill. And P.O. Kanishail,
                                P.S. And District-Karimganj, Assam,
                                Pin-788711 (Owner of the Vehicle Bearing No.
                                AS-10-3439.
                                                            ......Respondents
      For Appellant             Mr. S. Dutta, Advocate.
    
      For Respondent(s)         Mr.G. Uddin, Advocate.
    
    
    
    MACApp./67/2018                                                 1
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      Date of Hearing          :     14.05.2026
      Date of Judgment         :     27.07.2026
    
                                     BEFORE
    
           HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
    
                             JUDGMENT AND ORDER
    
    
    

    [1] Heard Mr. S. Dutta, the learned counsel for the appellant. Also
    heard Mr. G. Uddin, the learned counsel for the respondent
    No. 1.

    [2] This appeal under Section 173 of Motor Vehicles Act, 1988 has
    been preferred by the appellant, namely, Oriental Insurance
    Co. Ltd. impugning the judgment and award dated
    16.06.2017, passed by the learned District Judge-cum-
    Member, Motor Accident Claims Tribunal, Karimganj, in MAC
    Case No. 93/2018.

    SPONSORED

    [3] The facts relevant for consideration of the instant appeal, in
    brief, are that on 18.02.2011, at about 9:30 P.M., when the
    son of the present respondent No. 1, namely, Zakir Hussain
    Talukdar, was driving a motor cycle, a Truck bearing
    Registration No. AS-10-3439, driven in a rash and negligent
    manner, dashed against the motor cycle causing an accident
    wherein, he sustained grievous injuries on his person.
    Thereafter, after the said accident, the father of the injured
    Zakir Hussain Talukdar, namely, the present respondent No. 1,
    had approached the Motor Accident Claims Tribunal,

    MACApp./67/2018 2
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    Karimganj by filing an application under Section 166 of the
    Motor Vehicles Act, 1988 claiming compensation for the
    injuries sustained by his son in the above-mentioned vehicular
    accident. The aforesaid claim case was registered as MAC
    Case No. 93/2018. The present appellant contested the claim
    by filing written statement taking various defences, including
    the defence that the offending truck was not covered under
    valid insurance policy. The owner of the offending vehicle did
    not appear before the Tribunal and the claim case proceeded
    ex-parte against the said owner. On the basis of the pleadings
    of the parties, the Motor Accident Claims Tribunal framed
    following issues:-

    “i. Whether the alleged accident took place
    due to rash and negligent driving of the offending
    vehicle bearing registration No. AS-10-A-1214 in
    question and injures of the injured occurred in the
    accident?

    ii. Whether the vehicle was duly insured with
    respective opposite party Insurance Company
    covering the period of the accident?

    iii. Whether the claimant is entitled to get
    any compensation, if so, to what extent and by
    whom payable?

    iv. To what other relief/reliefs the claimant is
    entitled in law and equity?”

    [4] In support of his claim, the father of the victim examined
    4(four) witnesses and exhibited several documents. The
    insurance company did not examine anywitness in support of

    MACApp./67/2018 3
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    their defence. Ultimately, by the judgment and award dated
    16.06.2017, which has been impugned in this appeal, a
    compensation amount of Rs. 20,00,000/-along with an
    interest @ 6% per annum was awarded to the claimant.
    [5] Mr. S. Dutta, the learned counsel for the appellant/insurance
    company has submitted that this appeal is mainly directed
    against the impugned judgment in as much as the Motor
    Accident Claims Tribunal erred in assessing the loss of earning
    capacity of the injured without taking into consideration the
    injury report, as well as laid down principles in this regard by
    the Apex Court. He submits that though the doctor, who has
    been examined as witness No. 4 and, who, was one of the
    members of the medical board, which assessedthe disability of
    the injured victim has categorically found that the physical
    disablement of the victim (son of the claimant) was only to
    the extent of 10 %, as his right lower limb was found to be 2
    cm short causing permanent physical disablement. However,
    the Tribunal assessed the functional disability to the extent of
    100%. He further submits that the medical board, which
    examined the injured, had also opined that the injured
    suffered intellectual impairment reducing the intelligence
    quotient to 60. However, it failed to take into consideration
    that the medical board has recommended further
    assessmentand evaluation of the injured by neurologist and
    neurosurgeon.

    MACApp./67/2018 4
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    [6] The learned counsel for the appellant submits that the
    Tribunal without directing an assessment regarding the
    intellectual impairment of the victim by neurologist and
    neurosurgeon, as was recommended by the medical board,
    had itself assessed the loss of earning capacity at 100%
    without taking aid of any medical expert opinion from any
    qualified neurosurgeon or neurologist.

    [7] The learned counsel for the appellant further submits that the
    injured victim has failed to adduce any evidence to show that
    he was actually and gainfully employed before the accident
    and an observation to that effect was also made by the
    Tribunal in the impugned judgment. However, in spite of that
    it came to a finding that loss of future earning capacity of the
    victim is to the extent of 100%.

    [8] The learned counsel for the appellant submits that the
    Tribunal was wrong in arriving at such a decision. He submits
    that the permanent disability whether it is physical or
    intellectual is to be ascertained only on the basis of medical
    evidence and after ascertaining permanent disability, the
    Tribunal has to assess loss of actual earning capacity and for
    that the Apex Court in the case of “Raj Kumar Vs. Ajay Kumar
    And Anr.
    ” reported in “(2011) 1 SCC 343” has laid down a

    formula involving three steps. He submits that the Tribunal
    has to first ascertain as to what activities the claimant could
    carry on in spite of the permanent disability and what he

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    could not do as a result of such disability. The second steps is
    to ascertain his vocation, profession and the nature of work
    he was engaged before the accident and also his age and the
    third step is to find out whether the claimant is totally disabled
    from earning any kind of livelihood or whether in spite of
    permanent disability the claimant could still effectively carry
    on activities and function which he was carrying on earlier or
    he could carry on some other work or some lesser scale of
    activities of function so as to continue to earn his livelihood.

    [9] The learned counsel for the appellant submits that in the
    instant case, the Tribunal without asking for an assessment
    report on the intellectual impairment of the injured by
    neurologist or neurosurgeon, on its own presumed that the
    injured victim is unable to perform any kind of work thereby,
    loss of his earning capacity was assessed at 100%.

    [10] He submits that this is a fit case for remand of the case back
    to the Tribunal for subjecting theinjured victim to medical
    examination by neurosurgeon or neurologist for assessing the
    actual intellectual impairment and his intelligence quotient.

    [11] On the other hand, Mr. G. Uddin, the learned counsel for the
    respondents/claimants has submitted that the Tribunal has
    correctly granted compensation to the son of the present
    respondent No. 1 for the injuries sustained by him in the
    motor vehicular accident. He also submits that the Tribunal

    MACApp./67/2018 6
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    has correctly assessed the loss of earning capacity at 100%.
    He submits that though the physical permanent disability of
    the injured victim was assessed at 10% due to shortage of his
    right limb by 2 cm, however, the Tribunal had not only taken
    into consideration the physical disability, but also the
    intellectual impairment caused to him due to injury sustained
    by him on his head. He submits that the intelligence quotient
    of the injured victim was found to be 60, which is much below
    the intelligence quotient of 90-150, which should be there for
    a normal person.

    [12] He submits that the Tribunal had correctly arrived at a
    conclusion that due to impairment of intellectual capacity and
    due to reduction of the intelligence quotient to 60, the injured
    victim was not in a position to perform any kind of work and,
    therefore, the loss of his earning capacity was assessed at

    100.

    [13] In support of his submission, the learned counsel for the
    respondents has cited a ruling of the Apex Court in the case of
    R. Halle Vs. Reliance General Insurance Company Limited

    reported in “2026 INSC 260.”

    [14] He submits that in the said case the intelligence quotient of
    the injured victim was found to be 65, which is more than the
    intelligence quotient of the present injured victim. However,
    the Apex Court held that a person with intelligence quotient of

    MACApp./67/2018 7
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    65 may be placed within the category of mild intelligence
    disability and, thereafter, it assessed the functional disability at
    100 % as due to impairment of intellectual capacity, the victim
    was not in a position to perform any kind of work.

    [15] The learned counsel for the respondents further submits that
    since the accident in question took place way back in the year
    2011, and already 16 years have lapsed, the ends of justice
    may not be served by remanding the case back. He,
    therefore, submits that there is no infirmity in the impugned
    judgment and the appeal is liable to be dismissed.

    [16] I have considered the submissions made by the learned
    counsel for both sides and have gone through the materials
    available on record, including the records of the MAC Case No.
    93/2011, which was requisitioned from the concerned Motor
    Accident Claims Tribunal. I have also gone through the rulings
    cited by the learned counsel for both sides in support of their
    respective submissions.

    [17] The point to be determined in this appeal is as to whether the
    Motor Accident Claims Tribunal had correctly assessed the
    functional disability of the son of the respondent No. 1 at
    100% due to the intellectual impairment suffered by him
    which has reduced the intelligence quotient to 60.

    MACApp./67/2018 8
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    [18] As per the Oxford English Dictionary the phrase “intelligence
    quotient” means a number denoting the ratio of a person’s
    intelligence to the normal or average. It is a standardized
    score derived from a set of structured tests designed to
    measure human intelligence and cognitive abilities.

    [19] In the case of “R. Halle Vs. Reliance General Insurance
    Company Limited
    ” (supra), the Apex Court accepted that a

    person with an intelligence quotient of 65 may be placed
    within the category of mild intellectual disability. In the said
    case, the Apex Court assessed the functional disability of the
    injured victim at 100% considering not only the cognitive
    impairment but also the partial blindness and orthopedic
    limitations affecting the mobility and stability of the victim.

    [20] In the instant case, the medical injury report of the victim
    Zakir Hussain Talukdar, which was issued by the Medical Board
    and exhibited as Exhibit-19 shows that the injured sustained
    head injury with fracture of right femur. Though the
    permanent physical impairment of the injured was assessed
    by the medical board at 10 % due to 2 cm shortening of right
    lower limb, however his intelligent quotient assessment
    indicating intellectual impairment was assessed at 60 and it
    was further recommended that he requires further evaluation
    and assessment by neurologist and neurosurgeon.

    MACApp./67/2018 9
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    [21] Though, the medical board recommended further assessment
    and evaluation by neurologist and neurosurgeon, however the
    assessment made by it wherein it found the intelligent
    quotient of the injured victim to be 60 has not been
    challenged and it remains uncontroverted. The intelligent
    quotient of 60 falls in the range of mild intellectual disability.
    This court is of considered opinion that the intelligent quotient
    of 60 destroys the core cognitive faculties required to manage
    a business independently.

    [22] The neurological damage sustained by the victim in the
    accident has rendered him incapable of resuming his previous
    vocation or engaging in any gainful employment resulting in a
    complete loss of earning capacity. As such, the assessment
    made by the Motor Accident Claims Tribunal regarding 100%
    loss of earning capacity does not appear to be without any
    basis or unreasonable. The principles governing the
    assessment of functional disability for purpose of awarding
    compensation has been authoritatively laid down in the case
    of “Raj Kumar Vs. Ajay Kumar AndAnr.” (supra) by the Apex
    Court.

    [23] It has been held by the Apex Court that the percentage of
    permanent disability assessed by a medical board cannot be
    mechanically equated with the percentage of loss of earning
    capacity. What is required to be determined is the actual
    impact of such disability on the earning capacity of the

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    injured, having regard to his vocation, age and nature of work
    performed. The Tribunal is required to undertake a structured
    analysis to ascertain the activities the claimant can or cannot
    perform post injury, the nature of his profession prior to his
    accident and whether the disability has resulted in total
    incapacity or merely restricted or reduced the earning
    capacity.

    [24] In the instant case, though the claimant has failed to adduce
    evidence to show his income, however, there are materials on
    record to indicate that he was doing business to earn his
    livelihood. The Tribunal after considering the report of the
    medical board which assessed the intelligence quotient of the
    injured at 60 has come to a finding that a person of intelligent
    quotient of 60 cannot be employed in any employment.
    Hence, his loss of earning capacity is assessed to be at 100%.
    Apart from the impairment of cognitive faculties of the
    injured, the Tribunal also took into consideration the other
    injuries sustained by him to come to the finding that the loss
    of earning capacity or functional disability of the injured is
    100%.

    [25] The Motor Vehicles Act, 1988 is a beneficial and welfare-

    oriented legislation enacted with the object of ensuring
    expeditious relief and just compensation to victims of motor
    accidents and their families. The statutory framework is
    designed to advance social justice and to provide solace and

    MACApp./67/2018 11
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    financial security to those who suffer on account of road
    accident. Any interference with a reasoned award of motor
    vehicle accident claims tribunal must, therefore, be consistent
    with the spirit and object of enactment and supported by
    sound judicial reasoning.

    [26] In the instant case, for the reasons stated in the foregoing
    paragraphs and discussions made therein, this court is of
    considered opinion that the reasons cited by the Motor
    Accident Claims Tribunal for assessing the functional disability
    of the injured victim at 100% may not be faulted with as the
    intelligent quotient of the victim was assessed by the medical
    board at 60% which has impaired his cognitive faculties
    resulting in total incapacity of earning in a livelihood.

    [27] For the reasons stated and the discussions made in the
    foregoing paragraphs of this judgment, this court does not
    find any reason to interfere with the impugned judgment and
    award.

    [28] Accordingly, this appeal is dismissed.

    [29] Send back the records of MAC Case No. 93/2011 to the
    concerned Motor Accident Claims Tribunal, along with a copy
    of this judgment.

    MACApp./67/2018 12
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    JUDGE

    Comparing Assistant

    Munmu Digitally signed by
    Munmun Boruah

    n Boruah 16:41:34 +05’30’
    Date: 2026.07.27

    MACApp./67/2018 13



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