PRAVAT CHANDRA MAITY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS miscellaneous appeal is by the claimant by challenging the quantum of compensation determined by the Claims Tribunal in a motor accident claim case.

(2.) THE claimant-appellant is the victim of the accident. He was severely injured while travelling by C. S. T. C. bus resulting in amputation of his right hand above elbow and thereby making him permanently disabled to the extent of 84 per cent for the rest of his life.

(3.) IT has been proved before the Claims tribunal that while the victim was travelling by C. S. T. C. bus, one truck bearing no. WB 25-6669 moving from opposite direction at high speed hit the said bus causing serious bodily injury as above to the claimant-appellant. The insurer has not disputed this finding of the Tribunal. It has also been proved in evidence that neither c. S. T. C. bus in which the claimant was travelling nor he himself was in any way guilty of contributory negligence for the cause of the said accident. The said accident occurred due to rash and negligent driving of the said truck. The truck, the offending vehicle was covered by an insurance policy issued by respondent No. 1 at the relevant point of time.