M/S Liberty General Insurance Ltd. v. Dipak Baishya and 2 Ors.
Case brief
What is this about?
Gauhati High Court, MACApp./119/2021, decided 09.03.2026 by Mridul Kumar Kalita, J. Liberty General Insurance Ltd. (insurer) v. Dipak Baishya and others — Section 173 MV Act appeal against MACT No. 3, Kamrup(M) award dated 07.01.2021 in MAC Case No. 652/2017 granting Rs. 9,92,300/- plus 7.5% p.a. interest for injuries suffered in the 24.11.2016 accident involving motorcycle AS-25-H-1854 (Honda Dio). Sole issue: whether the Tribunal erred in reading the doctor-assessed 63% right-lower-limb disability (Exhibit-5, PW-2 Dr. Sujata Hazarika) as whole-body functional disability for the Rs. 7,93,800/- loss-of-earning-capacity component. Raj Kumar v. Ajay Kumar (2011) 1 SCC 343 applied — tribunal must clarify limb vs whole-body disability; functional disability (loss of earning capacity) is distinct from permanent disability and court-assessable; Arvind Kumar Mishra (2010) 10 SCC 254, Jagdish v. Mohan 2018 (2) T.A.C 14 (SC), Sanjay Verma (2014) 3 SCC 210 and Gregory Vanlalfinga 2017 (4) T.A.C. 912 (Gau) referred. Court opined functional disability could be 70%–80% for a vegetable vendor but, absent cross objection, dismissed the appeal leaving the award intact; records sent back to MACT No. 3, Kamrup(M).