ABUL HOSSIAN Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Aggrieved by the judgment and award dtd. 6/4/2010 passed by the learned Judge, Motor Accident Claims Tribunal (hereinafter be referred to as the Tribunal), 2nd Fast Track Court, Tamluk, Purba Medinipur in MAC Case No. 64 of 2008 arising out of MAC Case No. 13 of 2008, the appellant has preferred the instant appeal. By the judgment the learned Tribunal directed the respondent No.1, Oriental Insurance Company Limited to pay an amount of Rs.3,05,362.00 as compensation to the appellant/claimant within two months from date of receipt of a copy of the award, failing which the amount shall carry interest at the rate of 9% per annum till realization of the amount. Assailing the compensation as awarded as inadequate compensation, the appellant by presenting this appeal seeks enhancement of the compensation.

(2.) The background facts which led the filing of the claim application under Sec. 166 of the Motor Vehicles Act may be adumbrated as under:

(3.) The victim has now become paralysed on account of the injuries sustained by him on his spinal cord.