RAMDHANI SHAW Vs. GURMIT SINGH AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the order dated 21 -2-91 passed by the Motor Accident Claim Tribunal at Alipore (Additional District Judge, 13th Court, Alipore) in MACC 1170 of 1986, whereby, the appellant's claim under Sec. 92-A of the Motor Vehicles Act, 1939 was refused.

(2.) The brief facts are that on 1-11-86 at about 2.30 p.m. the appellant's son, Gopal Shaw, was hit by a motor vehicle bearing Taxi No. WBT-123 on the road side, while he was approaching his shop at Maniktala Bazar, Calcutta, and sustained fracture injury on his right leg. Thereupon he was taken to N.R.S. Hospital, where he was treated for about 3 months as an in-door patient. The injury caused permanent disablement of his right leg like limping and stiffness and hence there was a claim made for the statutory amount of Rs. 7500.00 under Sec. 92-A of the Motor Vehicles Act, 1939 on the basis of no-fault liability of the owner of the vehicle i.e. respondent No. 1 and the insurer, namely, National Insurance Company Ltd. (Respondent No. 2) At the close of the proceeding, the Tribunal, however, refused the claim mainly on the ground that the medical reports on the record were silent about any permanent disablement or injury like fracture of bone on the person of the appellant's son, Gopal Shaw.

(3.) Before going through the medical evidence, adduced before the Tribunal, it may first be pointed out that there was no dispute raised with regard to some basic facts such as (i) that there did occur an accident arising out of the use of the Motor Vehicle bearing Taxi No. 123, and (ii) the appellant's son, Gopal Shaw had sustained some injury in the said accident. There was also no dispute raised with regard to the Respondent No. 1, being the owner of the vehicle and the Respondent No. 2, the Insurer thereof. The first information report (Ext. 3) taken together with the oral evidence of the appellant and the concerned doctor, namely, Dr. D. K. Roy Chowdhury could be taken as satisfactory evidence to establish the above facts.