JUDGMENT : Rumi Kumari Phukan, J. Heard learned counsel for the appellant Mr. A R Agarwala. Also heard Mr. G B Saikia, learned counsel for the respondent No. 2. 2. Present appeal has been preferred by the claimant against the award passed by the learned Member, Motor Accident Claims Tribunal, Dhubri dated 09.01.2014 in MAC Case No. 160/2007. 3. Brief facts that can be re-capitulated is that on 02.12.2006 while the claimant/(appellant herein) boarded in a bus bearing Registration No. AS-01-G/7324 at Bagribari towards Cooch-behar, suddenly the vehicle met with an accident and capsized by the side of the road due to rash and negligent driving of the driver. The claimant sustained severe injuries of his person on left elbow and left wrist with gross loss of muscle and extensive damage of his left joint. Soon after the accident, he was taken to Dhubri Civil Hospital and continued his treatment thereafter. 4. The claimant preferred the claim petition praying for compensation for the injury he sustained due to the Road Traffic Accident. 5. The owner and the insurer of the said vehicle was made a party in the said claim petition and accordingly learned Tribunal issued notice to them. However, the owner of the vehicle did not contest the case and the insurer of the vehicle contested the case by filing their written statement, denying the accident and its liability etc. 6. On the pleadings, the learned Tribunal framed necessary issues. 1. Whether the accident took place due to rash and negligent driving of vehicle No.AS-01- G-7324 and the claimant sustained injuries due to the accident ? 2. Whether the offending vehicle was duly insured with M/s New India Assurance Co. Ltd at the time of accident ? 3. What shall be the just and proper compensation and by whom payable ? 4. Whether the claimant is entitled to get the relief as prayed for ? 7. In course of the proceeding, claimant examined himself and exhibited some documents pertaining to the vehicle as well as medical prescriptions etc. The respondent however examined no witness. On examination of the evidence of the claimant and the document, the learned Tribunal came to a finding that accident occurred due to rash and negligent driving of the aforesaid vehicle and as the said vehicle was insured with the respondent/The New India Assurance Co. The respondent however examined no witness. On examination of the evidence of the claimant and the document, the learned Tribunal came to a finding that accident occurred due to rash and negligent driving of the aforesaid vehicle and as the said vehicle was insured with the respondent/The New India Assurance Co. Ltd., so the Insurance Company is liable to pay the compensation. 8. Taking into account the statement of the claimant and the medical documents etc that was produced, the Tribunal held that the claimant is entitled to get compensation of Rs. 27,000/- for the medical expenses that was incurred by him in the treatment and that apart he is also entitled to an amount of Rs. 5,000/- under the heads of pain and suffering and Rs. 2,000/- for loss of amenities in life and another amount of Rs. 3,000/- as awarded for the loss one month income. Thus, total amount of Rs. 37,000/- was awarded to the claimant with a direction to The Insurance Company to indemnify the same. 9. Challenging the aforesaid award, the present appeal has been preferred by the claimant on the ground that the learned Tribunal has not properly appreciated the oral and documentary evidence that has been adduced by the claimant before the Tribunal. It has been submitted that the medical documents that has been submitted before the Tribunal was not counted for his long treatment at Civil Hospital, Dhburi and also outside the State in Calcutta. Similarly, proper compensation has not been awarded under the different heads while taking into consideration the discomfort faced on the part of the claimant after the said accident. Compensation although has already been paid by the Insurance Company but still the claimant/appellant insisted that such amount should be enhanced in view of the injury sustained by the claimant. 10. I have considered the submission of learned counsel for the appellant and the document annexed. 11. Learned counsel for the respondent No. 3, Mr. Saikia has however submitted that the Insurance Company has no liability to pay such amount unless and until the claimant duly proved the wrongful conduct of the driver and also the liability of the owner as the owner did not contest the case and the driver was not made a party in the said case so the Insurance Company is not liable to indemnify the claimant. 12. 12. On due consideration of the matters on record/LCR, it reflects that the respondent/Insurance Company has not taken any stand in their written statement nor any evidence was adduced to resist the claim of the claimant on the ground that has been agitated before the Appellate Court, and the said award has not been challenged by the Insurance Company, rather has been satisfied by this time. This Court found no any substance in submission at this stage, while the appeal has not been preferred by them. 13. On careful examination of the evidence on record and award that has been passed by learned Tribunal, it is found that the learned Tribunal has rightly hold that the claimant has not sustained such grievous or crush injury as has been submitted but has sustained pimple injury in the said incident. However, the appropriate medical documents issued by the hospital authority and other documents bearing proper seal and signature of the hospital authority has been accepted by the learned Tribunal as of authentic one which calls for no interference and medical document of private hospital having no proper seal and signature etc cannot be accepted vide Ext-40 to 41 submitted by the claimant. Thus, there appears no discrepancy in calculation of the expenses under medical heads. It appears that accident occurred as on 02.12.2006 and the claimant continued his treatment till January 2007 as per the medical document, so he might incur certain miscellaneous expenses by carrying on such treatment. 14. However, it is to be noted that amount granted under the different heads like pain and sufferings and loss of amenities in life is found to be in lower side. Considering all entirety of the matter the following amount of compensation can be awarded to the claimant at some enhanced rate. (i) Pain and Suffering Rs. 10,000/- (ii) Loss of amenities Rs. 10,000/- (iii) Miscellaneous Expenses Rs. 10,000/- (iv) Loss of one month income Rs. 5,000/- Total Rs.35,000/- Accordingly claimant is entitled to the said amount of compensation after deducting the earlier with the interest of 8 per cent from the date of filing the petition. 15. The respondent/Insurance Company is hereby directed to pay the aforesaid amount before the Tribunal within a period of 6 (six) weeks from today and claimant can withdraw the same on due identification by engaged counsel. Return the LCR.