NEW INDIA ASSURANCE CO. LTD. Vs. NANDA HAZRA

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 28/3/2022 passed by learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunal, Fast Track, 1st Court, Diamond Harbour, South 24 Parganas in M.A.C. Case No. 145 of 2020 granting compensation of Rs.4,74,440.00 together with interest in favour of the claimant-injured under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 24/10/2020 at about 3:30 A.M.while the victim-injured was returning to his house situated under P.S. Pathar Pratima from Kolkata on a Tata Sumo vehicle bearing registration no. WB-22U/7569 and when the said vehicle reached near Nischintapur Jamtala in front of shop of Kalipada Das, the said Tata Sumo in a rash and negligent manner dashed another vehicle bearing registration no. WB-41F/1247 which was coming from the opposite direction. Due to the said accident, the victim-injured received serious multiple bleeding injuries on all over his body and also received fracture injuries. Immediately the local people rescued the victim-injured and shifted him to Belpukur Hospital wherefrom he was removed to Diamond Harbour Govt. Medical College and Hospital and he was also treated by private doctors. In relation to the injuries sustained in the accident resulting in disablement and loss of earnings etc., the victim-injured filed application for compensation of Rs.6,00,000.00 together with future prospect and non-pecuniary damages under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The claimant-injured in order to establish his case examined three witnesses including himself and produced documents which have been marked as Exhibits-1 to 10 respectively.