NATIONAL INSURANCE CO LTD Vs. MAHADEB KAR

JUDGEMENT

(1.) ON 4th July, 1975, while proceeding from Krishnagar bus Station towards Kalna Ghat, Stage carriage WGE 1264 driven by the respondent no. 1, Mahadeb Kar, near the crossing of National Highway No, 34 and krishnagar Road had collided with Stage carriage No. WGE 1195, which was coming from the opposite direction.

(2.) AS a result of the said accident, mahadeb Kar, the claimant respondent no. 1, was seriously injured and was admitted into hospital, where his right, leg was amputee. He had remained confined to bed in the hospital till 20th of July, 1975 and thereafter he was treated at home

(3.) ON 3rd September, 1975 Mahadeb kar filed before the Motor Vehicles claims Tribunal, Nadia, an application under section 110a of the Motor Vehicles act, claiming Rs. 342240/- as commentation for his said injuries. Originally, the respondent nos. 1, 2 and 3, described as partners of the West Bengal Transports, owner of WGE 1195, the driver of the said vehicle and the insurer, National insurance Company Ltd. , were made opposite parties to the said application under section 110a of the motor Vehicles Act. The owners of WGE 1264 of which Mahadeb kar was the driver were also made parties.