DHARMA RAJ SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is at the instance of a claimant and is directed against an award dated 23rd August, 2004 passed by the 10th Court of Additional District judge, Motor Accident Claims Tribunal, Alipore, in Motor Accident Claim Case no. 228 of 2000 thereby disposing of an application under Section 166 of the motor Vehicles Act filed by the appellant by directing the Insurance Company to pay a total sum of Rs. 50,999/- as compensation for the injury suffered by the appellant arising out of an accident occurred on January 21, 2000.

(2.) ACCORDING to the appellant, on that day, while he was proceeding on his motorcycle with a pillion rider along with the Clyde Row near its crossing with the Commissariat Road, one truck bearing No. WMK-7339 hit the said motorcycle at its back, as a result, he had fallen down from the motorcycle and sustained multiple injuries in his left leg. The appellant alleged that at the time of accident, he was earning a sum of Rs. 11,713/- a month and the injury resulted in his partial permanent disablement to the extent of 35 percent. He, accordingly, claimed compensation to the tune of Rs. 6,80,000/- for the injury sustained by him.

(3.) THE proceeding was contested by the Insurance Company by filing the written statement thereby denying the material allegations and opposing the claim of the appellant.