TARUN KANTI GHOSH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against an award dated 28th June, 2007 passed by the learned Judge, VIIth Bench, City Civil Court at Calcutta, in M.J.C. Case No. 298 of 2003 at the instance of the claimant/appellant.

(2.) THE claimant/appellant was injured in a motor accident caused by a vehicle (chartered bus) bearing No. W.B.R. 2396 on 1st August, 2003. He was hospitalised and ultimately his right leg was amputated above knee, resulting in his permanent disablement. Doctor has certified his permanent disablement to the extent of 80%. He was a mechanical fitter under the employment of Garden Reach Ship Builders & Engineers. At the time of occurrence of such accident he used to draw salary of Rs. 11,505/ -. He claimed that in addition to the salary, he used to earn a sum of Rs. 3,000/ - per month on an average on account of his overtime allowance. He claimed that he was 51 years old at the time of the accident. He filed an application under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 13,00,000/ -.

(3.) LET us now consider the merit of the instant appeal in the facts of the present case.