M.P. SINGH Vs. SRIKANT YADAV

JUDGEMENT

(1.) The appellant calls in question the judgment and award dated July 25, 2015 passed by the Motor Accident Claims Tribunal, South 24-Parganas in MAC Case No.178 of 1999, registered on his application under section 166 of the Motor Vehicles act, 1988 (hereafter the Act). By the impugned award, the tribunal awarded Rs.8,55,000/- in favour of the appellant as compensation, without interest, payable by the insurance company which had insured the offending trailer.

(2.) It was alleged in the claim application by the appellant that while he was riding pillion on a motorbike owned by his friend, who was the driver thereof, the trailer dashed such motorbike on June 29, 1998 at the junction of A.J.C. Bose Road and Kiddirpore Road. As a result of the impact, the appellant was thrown off the motorbike and he became unconscious. He regained his consciousness at S.S.K.M. Hospital, Kolkata, where he was shifted. The appellant required prolonged treatment and in the process, he incurred an expense of Rs.13,00,000/- approximately, yet, he was not fully cured. In fact, an orthopaedic surgeon [a retired professor and former Head of the Department of Orthopaedic, Calcutta National Medical College and Hospital] certified that the appellant had suffered 100% permanent disability. Alleging that he was earning Rs.5000/- per month from his family business of motor spare parts and that he was 24 years of age on the date of the accident, the appellant claimed Rs.20,00,000/- on account of compensation.

(3.) As has been noted above, the tribunal awarded Rs.8,55,000/- under the following heads :