SITESH CHANDRA DEB Vs. ASHIM CHAKRABORTY

JUDGEMENT

(1.) This appeal under Section 173 of the M.V. Act, 1988 is directed against the Judgment and Award dated 19.03.2002 passed by learned Member, Motor Accident Claim Tribunal, North Tripura, Dharmanagar in Case No. T.S. (MAC) 02 of 2001.

(2.) Heard learned counsel, Mr. P. Roy Barman for the appellant and learned counsel, Mr. P. Goutam for the respondent No. 3, the United India Insurance Company Ltd. Respondent Nos. 1 and 2 have chosen to remain absent.

(3.) Fact of the case, in short, is that the appellant presented an application under Section 166 of the M.V. Act before the learned single Member, Motor Accident Claims Tribunal, Dharmanagar praying for awarding compensation for the injury sustained by him due to motor vehicle accident. It is inter alia stated by the claimant that he was travelling with a Commander Jeep vehicle bearing No. TR-02-2564 from Dharmanagar to Panisagar on 04.09.2000. At about 1200 hours, the vehicle met an accident at Deocherra on Dharmanagar-Panisagar road due to rash and negligent driving and the vehicle went off the road dashed with road side tree and as a result of the accident, the petitioner and other passengers sustained injuries. The petitioner sustained injury on different parts of his body and he was immediately shifted to Tilthai Hospital wherefrom he was referred to Dharmanagar Sub-Divisional Hospital where he undergone treatment as an indoor patient till 21.09.2000. He has also stated that he was aged 38 years at the time of accident and that he used to earn Rs. 2,000/- per month as a cultivator and also doing private tuition. Because of the accident, he lost his profession and therefore, he prayed for a compensation of Rs.5,00,000/-. He has also stated that immediately after the accident, an F.I.R was lodged with the O.C., Panisagar P.S. and Panisagar P.S. Case No. 62 of 2000 under Section 279/338 and 427 of I.P.C. was registered and police investigation was taken up. He was treated at Tilthai Hospital by Dr. Arghapratim Debnath and at Dharmanagar Sub-Divisional Hospital by Dr. Jayanta Nandi.