UNITED INDIA INSURANCE COMPANY LTD Vs. SK KAMALUDDIN

JUDGEMENT

(1.) CLAIMANT'S CASE BEFORE THE TRIBUNAL Sk. Kamaluddin was the owner of an Ambassador car having registration no.W.B.J-9324. He earned rupees four thousand to five thousand per month. On May 31, 2000 Kamaluddin was driving the said Ambassador car when the offending vehicle, a Maruti Van, having registration no.W.B.V7655 dashed the ambassador car near Banamali Hotel on National Highway-6, P.S. Bagnan. The accident was caused due to rash and negligent driving of the offending vehicle. Kamaluddin was rushed to Bagnan Hospital with multiple injuries. He was shifted to Uluberia Hospital and then to Midnapur. After a prolonged treatment, he was declared disabled to the extent of fortyone per cent. He claimed a sum of Rs.1.5 lacs as compensation vide application dated August 5, 2000 made under Section 166 of the Motor Vehicles Act, 1988. In his application he contended that Shri Ram Natayan Yadav, the owner of the offending vehicle did not pay any compensation to him.

(2.) The claimant deposed as PW-1. He was consistent on his claim. He contended that he had been treated privately by Dr.D.P. Roy at Midnapur. He got his left wrist operated at Nityananda Nursing Home, Bankura and stayed there for twenty/twenty-two days. He could not work normally with his left hand. He was earning rupees four to five thousand per month. He did not file his birth certificate to prove his age. According to him, he was aged about twenty-four years at the time of deposition that took place on August 20, 2002.

(3.) The learned Judge held the owner of the offending vehicle responsible for the accident and made him liable for payment of rupees seventysix thousand and five hundred. The learned Judge however, did not award any interest.