MADHAI NASKAR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE acci- autorickshaw driver had to be admitted in dent was not in dispute. It was also not Vidyasagar Hospital after sustaining injury in dispute that the appellant who is an out of such accident. He had to stay in the hospital for two days. THE learned Judge accepted the version of appellant-claimant, however, granted compensation only to the extent of Rs. 5,000 as general damages. THE learned Tribunal observed that there was insufficient medical evidence tendered. Hence, this appeal by the appellant.

(2.) MR. Krishanu Banik, learned counsel appearing for the appellant has contended as follows:

(3.) MR. Banik has tried to contend that once the action was initiated as against the owner and the driver and the insurance company indemnified the owner as against claim which might arise out of any accident to be made by a third party, the insurance company by such policy of insurance has bound them and the claim made by the appellant is recoverable from the insurance company on the strength of the policy oi insurance.