SUBRATA SARKAR Vs. PRASENJIT MAJUMDER

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the quantum of compensation granted by the Motor Accident Claims Tribunal, (Court No.1) Gomati Judicial District, Uadipur by award dated 20.06.2016 in T.S. (MAC) 04 of 2016, claimant Subrata Sarkar has filed the present appeal under Section 173(1) of the Motor Vehicles Act, 1988 (MV Act, for short) seeking enhancement of the amount of compensation awarded by the said Tribunal.

(2.) Essential facts necessary for disposal of the appeal are as under:

(3.) Immediately, after the accident, his cousin brother Sudip Mitra lodged a written FIR with the Officer in charge of the R.K.Pur Police station alleging that the accident occurred due to reckless driving of the offending vehicle. FIR of said Sudip Mitra was registered as R.K.Pur P.S. Case No.247 of 2014 under Sections 279 and 338, IPC and after investigation of the case, police submitted charge sheet No.224 of 2014 dated 31.12.2014 against accused driver Naresh Das for having committed offence punishable under Sections 279, 338 and 427 IPC read with Section 144 of the MV Act.