YUDHISTHIR NASKAR Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The appellant is aggrieved by an award of the Motor Accidents Claims Tribunal, Alipore dated March 26,2002 dismissing his application claiming compensation under s.163A of the Motor Vehicles Act,1988.

(2.) The appellant filed the application for compensation on April 28,2000. His case was this. His nephew Ashoke Sardar (15), a student, was injured in an accident arising out of the use of a bus no.WB19-6269 on January 10,2000 at 7-30 a.m. near Srater Pole within Diamond Harbour police station jurisdiction. For the permanent partial disablement the accident caused, the victim became entitled to Rs. 1 lakh compensation And Rs. 10,000 medical expenses.

(3.) The owner of the offending vehicle did not contest the claim. The insurance company whose insurance policy was in force in relation to the use of the vehicle contested the case by filing a written statement. It denied And disputed all material facts.