JHANTU CHANDRA SHIL Vs. INDIAN AIRLINES

JUDGEMENT

(1.) HEARD learned counsel, Mr. A. Roy Barman for the appellant. None appears for the respondents.

(2.) BRIEF fact is that the appellant, as claimant petitioner, presented a petition under Section 166 of M.V. Act for granting him compensation for the injury sustained by him due to a motor vehicle accident. It was inter alia stated in the claim petition that on 12.06.2001 at about 05.30 pm, the claimantappellant after attending his office duty was returning home through B.K. Road and in front of More Company Chowmuhuni, the offending vehicle, bearing No. WNC 3990(Ambassador), belonging to respondent Nos.1 and 2, being driven rashly and negligently, coming from his backside dashed his bicycle, and as a result he, with his bicycle, fell on the road and sustained multiple injuries. His right leg over knee joint was severely fractured. The people gathered there shifted him to the chamber of the eminent orthopedic surgeon, Dr. Jiban Nag and he was under constant treatment of Dr. Nag. On the following day of the accident, the Officer In -charge of East Agartala P.S. was informed about the accident by filing a petition. The appellant was under treatment for about 45 days and was on leave. Thereafter, he attended office with a hired auto -rickshaw and had to pay Rs.1,200/ - per month to the owner of the autorickshaw. He spent Rs.25,000/ - for the purpose of treatment and was supposed to spend further money for complete recovery. He claimed compensation of Rs.4,75,000/ - in all.

(3.) RESPONDENT Nos.1 and 2, on receipt of notice did not turn up. As a result, hearing of the case was directed ex parte by learned Tribunal. Respondent No.3, the New India Assurance Company, submitted written statement denying all the averments made in the claim petition.