CALCUTTA INSURANCE CO Vs. RITA GANGULI

JUDGEMENT

(1.) THIS appeal arises out of an award of compensation given by the Motor Accident Claims Tribunal, hooghly (referred to herein as claims tribunal) in favour of respondent No. 1, Rita Ganguly who was involved in a motor accident on 29. 8. 70. The Tribunal on a consideration of the evidence has found that Rita was knocked, down by the public bus bearing No. WGA-3170 belonging to the O. P. No. 1 owing to rash and negligent driving by O. P. W. 2 Provash-on the G. T. Road at about 4. 30 p. m. on 29. 8. 70 while Rita was going to her tutor along the southern flank of the G. T. Road at Sheorafuli. The Tribunal has awarded Rs. 19,000/-as compensation including the expenses of the medical treatment. Being aggrieved by that decision M/s. Calcutta insurance Co. , with whom the bus was insured and who ,was arrayed as O. P. 2 in the proceeding before the claims tribunal has come with this appeal.

(2.) MR. Banerjee appearing on behalf of the appellant has submitted that from the materials on the record the Tribunal should have held that the accident did not occur due to rashness or negligence of the driver; that the tribunal erred in law in not holding that Rita was guilty of contributory negligence; that the quantum of compensation is highly arbitrary, excessive and improper and it has been assessed by the application of wrong principles of law.

(3.) THE actual incident was witnessed by P. W. 2 Upananda Banerjee who runs a tailoring shop at Sheoraphuli on the G. T. Road and P. W. 3, owner of a nearby Cabinet shop. It will be proper to refer to the evidence of Rita (P. W. 5) before we deal with the evidences of the two eye witnesses because being involved in the accident she is in a better position to give a correct picture of the incident. After discussing the evidence the learned Judge proceeded: