AJIT KUMAR KARJEE Vs. ORIENTAL INS. CO. LTD.

JUDGEMENT

(1.) The appellant has assailed the judgment and award dated 16th day of January, 2008 passed by the Learned Judge, Motor Accident Claims Tribunal, 2nd Court, Jalpaiguri in M.A.C. Case No. 128 of 2002, thereby the learned Tribunal only awarded a sum of Rs.60,000.00 towards medical expenses and 10,000/- for pain and suffering in total 70,000/- in favour of the appellant and directed to pay the said compensation within a period of 60 days from the date of judgment failing which the compensation awarded shall carry interest at the rate of 8% per annum from the date of filing of the claim petition in a injury case filed under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act').

(2.) The appellant has filed this appeal praying for enhancement of compensation towards non-pecuniary damages as well as medical expenses to the fact that on 28/12/2001 at about 7.30 hours in the morning the victim Ajit Kumar Karjee was riding by a motorcycle bearing no. WB-72/A-3587 and going towards Jalpesh from Jalpaiguri. At that point of time one another vehicle (truck) bearing No. WB-71/0651 coming with a high speed in a negligent manner and suddenly dashed the victim as a result victim suffered severe injuries on his person. He was removed to Maynaguri Rural Hospital and thereafter he was shifted to Paramount Nursing Home on 28/12/2001 to 29/12/2001 for his treatment. He was further admitted in National Medical College and Hospital, Calcutta for his better treatment for 30/12/2001 to 8/1/2002. He again shifted to Calcutta Heart Clinic and Hospital wherefrom 31/12/2001 to 1/1/2002 and then shifted to Medicure Nursing Home wherefrom 1/1/2002 to 2/1/2002. He was further shifted to Florid Nursing Home from 2/1/2002 to 11/1/2002 and then shifted to Ram Krishna Medical Complex where from 12/1/2002 to 21/2/2002 and lastly admitted on 11/3/2002 at Calcutta Heart Clinic and Hospital and on 12/3/2002 treated privately by Dr. Benerjee and his right hand was amputated by operation at Ram Krishna Medical Centre, Kolkata and he suffered finally 55% of permanent personal disability. The accident was caused due to the sole rash and negligent driving of the driver of the truck in which the victim was suffered.

(3.) The respondent no. 1/insurance company contested the said case by filing written statement contending therein that the accident was caused due to the fault of the victim. Respondent no. 1 further denied and disputed all material particulars as well as allegations of the appellant/claimant and finally prayed for dismissal of the case. whereas owner of the offending vehicle/respondent no. 2 did not contest the case from initial stage and finally the case was allowed on contest against the Respondent no. 1/insurance company ex parte against the respondent no. 2/owner of the offending vehicle. Ld. Tribunal allowed a compensation to the tune of Rs.70,000.00= only in total. Hence, the instant appeal for enhancement of compensation amount.