GANESH PAUL Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 31/5/2019 passed by learned Additional District Judge Judge-cum-Judge, Motor Accident Claims Tribunal, Fast Track Court, Balurghat, Dakshin Dinajpur in M.A.C. Case No. 88 of 2015 dismissing the claim application of the claimant filed under Sec. 166 read with Sec. 167 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 14/1/2015 the claimant-victim boarded the vehicle bearing registration no. WB-61/1848 (bus), as conductor of the said bus in course of his employment, which was proceeding towards Siliguri and when the said vehicle reached at Baroduyari on NH-34, the driver of the said vehicle lost control over the vehicle and dashed a stationary truck which was standing on the other side of the road. Due to the said accident, the victim and other passengers of the bus got severe multiple injuries on their persons and one of the passengers died on the spot. Immediately after the accident, the victim was shifted to Raiganj District Hospital but considering his serious condition and the injuries sustained, he was referred to any Medical College and Hospital. However, the victim was admitted to Popular Nursing Home at Patna where his both legs were amputated. For the reasons of injuries and amputation due to the said accident, the victim became permanently disabled. On account of the injuries sustained in the accident and subsequent disablement, the injured-victim filed application for compensation of Rs.25,00,000.00 under Sec. 166 read with Sec. 167 of the Motor Vehicles Act, 1988.

(3.) The claimant-injured, in order to establish his case, examined seven witnesses and produced documents which have been marked as Exhibits-1 to 28 respectively.