RATAN SUKLA DAS Vs. SANKARI CHAKRABORTY

JUDGEMENT

(1.) This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment & award, dated 28.09.2004, passed by learned single Member, Motor Accident Claims Tribunal, (Court No.4), West Tripura, Agartala, in Case No.TS.(MAC)125/2001.

(2.) Heard learned counsel, Mr. S K Datta, for the appellant-petitioner and learned counsel, Mr. D K Biswas for the respdt. Nos.2 and 3, the National Insurance Company. None appears for the respdt. No.1.

(3.) Brief fact, so far it is necessary for disposal of this appeal, is that the appellant was travelling with a Commander Jeep vehicle bearing No.TR-01-2112, on way to his house at Agartala and he was sitting in the rear side of the Jeep vehicle. At about 10.00 AM when the vehicle reached AD Nagar, near Drop Gate, on Agartala-Bishalgarh road, another jeep vehicle bearing No.TR-01-3625 being driven most rashly and negligently coming from backside, violently dashed the backside of vehicle No.TR-01-2112 with which he was travelling and as a result, he sustained crush injury in his left leg. He was taken to GB Hospital and was under treatment as an indoor patient from 09.01.2001 to 22.01.2001. The Medical Board of GB hospital referred him to SSKM hospital, Kolkata for further and better treatment and accordingly, he went to Kolkata and since no seat was available at SSKM hospital he went to Bhattacharjee Orthopedic and Related Research Centre Pvt. Ltd., at Narayanpur, P.O. Rajarhat, West Bengal and was treated there till 08.03.2001. He spent about Rs.2,50,000/- for the purpose of treatment. Because of the injury he suffered permanent disability and the Medical Board certified him as an orthopedically (Locomotor) handicapped person to the extent of 30%. He was a 'Mason' by profession and he used to earn Rs.3,000/- per month and because of the accident he lost his income and for the purpose of his profession he became permanently disabled.