JOYDEV MALIK Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This instant First Miscellaneous Appeal has been filed by the appellant/claimant assailing the judgment and award dated 25th day of March, 2014 passed by Learned Additional District Judge, Motor Accident Claims Tribunal, 1st Fast Track Court, Paschim Medinipur in MAC Case No. 92 of 2012 thereby the learned Tribunal awarded a compensation to the tune of Rs.4,67,800.00 against the respondent no. 1/National Insurance Company Limited. The said award shall carry interest @ 8% per annum from the date of filing of the claim application till the date of realization of the award in an application filed under Sec. 166 of the Motor Vehicles Act, 1988 on contest against Respondent No. 1/National Insurance Company Ltd. and ex parte against Respondent No. 2/owner of offending vehicle, claiming compensation to the tune of Rs.7.00 lakhs on account of suffering severe injuries and disablement of the appellant, Sri Joydev Malik due to motor traffic accident.

(2.) The brief facts of this case are as under:

(3.) Learned advocate appearing on behalf of the appellant/claimant submitted that the learned Tribunal Judge erred in accepting only 80% permanent functional disability though functional disability should be 100% because the victim was working as helper-cum- driver prior to date of accident and his left leg was amputated. He is unable to perform his duties due to amputation of one of his legs. So, his actual permanent functional disability would have considered as 100%. He places reliance of judgments as under: