SWAPAN KUMAR PANDEY Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated May 4, 2001 passed by the Motor Accident Claim Tribunal, Burdwan in M.A.C Case No.72/39 of 2000. The learned Tribunal allowed the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 in part on contest.

(2.) By virtue of the judgment and award the learned Tribunal held that the appellant, who was a helper in vehicle (Bus) bearing Registration No.WB41/5228, was the victim of an accident. The accident took place at the crossing Tarakeswar Road and Calcutta - Durgapur High Way Express near Monogram on January 11,1997, when there was a collision between two vehicles bearing Registration Nos. WB 41/5228 and URI/- 795 respectively. As a result the left arm of the appellant from elbow joint up to the wrist joint got smashed and after operation and grafting the left arm took an ugly look. The learned Tribunal awarded an amount of Rs.1,00,784/- (including medical expenses and others) only towards compensation for 60% permanent partial disablement of the appellant assassin his notional income at Rs.7920/- only per annum and Considening his age as 23 years for the purpose of applying the structural formula, prescribed in the second schedule to the Motor Vehicles Act, 1988 under. the provisions of Section 163A of the Act.

(3.) According to Mr. Krishanu Banik, learned Counsel appearing for the appellant, the finding of the learned Tribunal that the appellant sustained 60% permanent partial disablement was erroneous. After getting left arm from elbow joint up to wrist joint smashed, the appellant became unfit for the work of a helper in a bus resulting in 100% permanent disablement. Mr. Banik also submits that finding of the learned Tribunal that the appellant used to work 22 days per month was not correct. Mr. Banik further draws our attention to the fact that although a certificate in support of incurring expenditure for treatment, money receipt showing payment to a Nursing Home and five money receipts showing expenditure of Rs.2,010/- for purchasing blood had been produced, the learned Tribunal only awarded Rs. 15,000/- towards medical expenses.