TAPAS DAS Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellant is aggrieved by an award of the Motor Accidents Claims Tribunal, Alipore dated June 24, 2004 in MACC No.137 of 2003. He was the claimant. He filed the application in the claims tribunal under s.166 of the Motor Vehicles Act, 1988 on April 10, 2003. He claimed fault liability compensation. His grievance is that the claims tribunal granted him inadequate compensation.

(2.) The appellant's case was this. On January 29, 2003 at about 1.45 p.m. a motor vehicle no.WB-02P-1270 (a Maruti van) driven rashly and negligently suddenly dashed his motorcycle from behind. In the accident he suffered severe injuries that caused him permanent partial disablement. He spent Rs. 75,000 for treatment. One Swarnabitan of 59 Rai Bahadur Road, Kolkata 700 034 was his employer. His monthly income was Rs. 4,000. The offending vehicle was covered by a valid policy issued by the insurance company. He became entitled to '3.5 lakh compensation from the owner of the offending vehicle and the insurance company.

(3.) The insurance company contested the case by filing a written statement. The owner of the offending vehicle chose not to contest the case. The appellant examined himself as PW1. The doctor who gave opinion that the accident caused him 35% permanent partial disablement was PW2 and an employee of Swarnabitan was PW3. The appellant produced, inter alia, a copy of the FIR, hospital injury report, the opinion of the doctor, a certificate to show his employment and salary, and medical bills. The insurance company did not give any evidence.