KANTI RANI BHATTACHARJEE Vs. DILIP GHOSH

JUDGEMENT

(1.) By this appeal, filed under Section 173 of the Motor Vehicles Act,1988 (for short, M.V.Act), the appellant challenged the judgment and award dated 24.05.2002 passed by the learned single Member, Motor Accident Claims Tribunal, West Tripura, Agartala, in case No. TS(MAC) No.288 of 1997.

(2.) The appellant as petitioner filed an applicatio 222 n under Section 166 of the M.V. Act praying for awarding her adequate compensation for the injury sustained by her due to motor vehicle accident. She has stated that on 17.11.1996 she was travelling with auto rickshaw vehicle bearing No. TR01-2278 and was proceeding towards Battala from Milanchakra, Agartala and on way at Bhattapukur, a truck vehicle bearing No. TRL-1087 loaded with bricks, being driven most rashly and negligently, dashed the auto rickshaw and as a result, she and other passengers as well as the driver of the auto rickshaw suffered severe injuries. She suffered bleeding injury on her head and fracture injury on her left foot. She was immediately taken to G.B. hospital by the people gathered at the scene of accident, where she was under treatment as an indoor patient from 17.11.96 to 20.11.96. She got her discharged from the hospital on request and continued her treatment as out-door patient. She was also treated by Dr. J.K.Debbarma, Dr. Manoj Chakraborty and Dr. Abhijit Sarkar. Since she could not recover from the injury, on the advice of Dr. Manoj Chakraborty she went to Apollo Hospital, Chennai and was treated there. She spent huge sum for the purpose of treatment but could not recover from the injury. She was working at the relevant point of time as an Assistant to the Librarian, Tripura University and she was on leave and thereby she lost income. She claimed compensation of Rs.4,25,000/-.

(3.) Respondent No.1 and 2, i.e. the owner and drive 333 r of alleged offending truck vehicle No. TRL-1087 submitted written statement denying the averments made in the claim petition and stated that the vehicle was insured with New India Assurance Company Ltd., covering the risk on the date of accident and so, liability if any, should be borne by the insurance company.