NATIONAL INSURANCE CO. LTD. Vs. ALOK KUMAR SUR

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 20/1/2017 passed by learned Judge, Bench XI-cum-Judge, Motor Accident Claims Tribunal, City Civil Court, Calcutta in MAC Case No. 75 of 2008 granting compensation of Rs.11,44,937.00 together with interest in favour of the claimant under Sec. 166 of the Motor Vehicles Act. 1988.

(2.) The brief fact of the case is that on 30/8/2007 at about 20:10 hours while the victim tried to board the bus bearing registration no. WB-23A/7293 at Acharya Jagadish Chandra Bose Road near Maidan Police Station for returning home at that time the said vehicle in order to overtake another bus of route no.230 started moving due to which the victim fell down from the said bus and sustained multiple fracture injuries on both legs. Immediately the victim was taken to SSKM Hospital wherefrom he was shifted to the Belle Vue Clinic where he was admitted till 19/9/2007. As a result of the injuries sustained in the said accident, the victim became permanent partially disabled to move and work as before. In relation to the injuries sustained in the said accident and the subsequent disablement, the victim filed application for compensation of Rs.7,21,395.00together with interest under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The claimant-victim in order to establish his case examined five witnesses and produced documents which have been marked as Exhibits 1 to 19 respectively.