KAMINI KAMAT Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and award dated 31st day of May, 2022 passed by the learned Judge Motor Accident Claims Tribunal 10th Bench City Civil Court in MACC No. 190 of 2012.

(2.) The brief of fact of the case is that the husband of the present claimant namely one Shambhu Kumar Kamat on 21/3/2012 at about 11:30 hrs was proceeding along a APC Bose Road by his Motor Cycle bearing Registration No. WB 012/3000 from Sealdah side to Maniktala by his motor cycle and stopped at traffic signal at the time the offending bus bearing No. WB 04 C/ 5354 coming in high speed and rash and negligent manner dashed the victim motor cycle from behind. As a result Sambhu Kamat became seriously injured all over his person and was removed to NRS Medical College and Hospital and therefrom he was shifted Apollo Gleneagles Hospital Kolkata for better treatment. Subsequently again admitted to Flemming Nursing Home and thereafter again admitted at Santosh Chest hospital at Chennai.

(3.) By such accident the said S. Kammat became permanently disabled. The wife of the said injured preferred an application before the Learned Tribunal on behalf of his husband u/s 166 of MV Act for getting compensation on the ground accident happened due to sustained negligent driving of the offending vehicle which was duly insured under the policy of the Insurance Company and the Insurance Company is liable to pay the compensation.