NEW INDIA ASSURANCE CO. LTD Vs. MANAB SEN

JUDGEMENT

(1.) Both the appeals being FMA No. 804 of 2010 filed by the insurance company and another being FMA No. 197 of 2017 preferred by the legal heirs of original claimant-injured is heard analogously and taken up together for consideration.

(2.) These appeals have been preferred against the judgment and award passed on 13/1/2010 by learned Additional District Judge-cum- Judge, Motor Accident Claims Tribunal, Fast Track, 3rd Court, Barrackpore, 24 Parganas (North) in Motor Accident Claim Case No. 37 of 2006 granting compensation of Rs.10,00,000.00 together with interest in favour of the claimant injured under Sec. 166 of the Motor Vehicles Act.

(3.) The brief fact of the case is that on 27/8/2005 at about 11:30 hours the offending vehicle bearing registration No. WB-25A/8971 (truck) which was proceeding in rash and negligence manner dashed the victim near Halisahar Panchmatha More in front of the Motor Training School, as a result of which the victim sustained serious injuries. Immediately he was removed to the hospital. However, after prolong treatment, the injured could not recover and was permanently disabled due to the injury sustained in the said accident. In relation to the said injuries and the consequential disablement, the claimant-injured filed application for compensation of Rs.14,90,000.00 together with interest under Sec. 166 of the Motor Vehicles Act.