SHANI CHOUDHURY, S/O LATE MONMOHAN CHOUDHURY Vs. ARATI DEB, W/O LATE SUNIL CHANDRA DEB; DIVISIONAL MANAGER,NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal by the clamant is directed against the award dated 10th November, 2010 passed by the learned Motor Accidents Claims Tribunal, Court No.2, West Tripura, Agartala in case No.TS(MAC) 353 of 2004 whereby he dismissed the claim petition filed by the claimant.

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(3.) The claimant filed a claim petition claiming compensation under Section 166 of the Motor Vehicles Act, 1988. The case set up by the claimant was that on 15.12.2003 he was travelling to Agartala from Sekerkote in Commander Jeep bearing registration No. TR-01-3304 owned by Smt. Arati Deb, respondent No.1 herein and insured with the National Insurance Company Limited. It was alleged that this vehicle was being driven at a high speed and due to rash and negligent driving by the driver of the commander jeep the said vehicle dashed against the electric post and the petitioner and some other persons sustained injuries in the accident. According to the claimant immediately after the accident he was taken to the Dr. B. R. Ambedkar Hospital at Hapania but since his condition was serious he was sent to the G. B. P. Hospital, Agartala where he remained admitted till 22nd December, 2003 and then referred to the SSKM, Hospital, Kolkata by the Medical Board. The petitioner went to Kolkata but was treated as an outpatient in the SSKM, Hospital. According to the claimant he also received treatment at other places.