ATANU KUMAR GHOSAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the Judgment and Award passed by the learned Tribunal (Additional District & Sessions Judge), Durgapur dated 16th June, 2003. Being aggrieved by and dissatisfied with the quantum of amount granted by the learned Tribunal, the appellant has preferred this appeal.

(2.) The appellant was a victim of an accident which occurred between a bus and a truck. He was travelling in the bus from Siliguri and the truck which was coming from the opposite side collided face to face. It is admitted position that the petitioner sustained injuries and after getting medical treatment he recovered from his injuries. However, he lost three fingers of his right hand, which were ultimately amputated. In order to get medical treatment initially, he was admitted to a local hospital at Gajol and from there he was taken to the Malda District Hospital where the treatment was found to be not in commensurate to the need and as a result whereof, the victim had to be admitted to Durgapur Main Hospital where he underwent an operation and after one and a half months he was sent to Christian Medical College at Vellore in the State of Tamil Nadu for better treatment, where he was given all possible treatment and there also he did not get good result and ultimately, he had to be admitted to the SSKM Hospital where he again underwent three operations and remained under treatment for one and a half years. The aforesaid facts have been proved by oral evidence and there has been no cross-examination on this point and fact of incurring expenses on account of medical treatment at the diverse hospitals, as recorded above by us.

(3.) The appellant's claims are as follows :