SHASHANKA CHOUDHURY Vs. AMAL BHATTACHARJEE

JUDGEMENT

(1.) HAVING felt dissatisfied with the quantum of compensation, awarded by the Motor Accident Claims Tribunal (Court No. 4), Agartala in Case No. TS. (MAC) 428 of 1998 the appellant -petitioner preferred the appeal challenging the judgment and award passed by the tribunal dated 20.04.2012. Kiriti Choudhury, minor son of the appellant -petitioner, named above, suffered severe fracture injury in his pelvis and rupture injury in his urethra as well as injuries in the lower abdomen including renal system due to a motor vehicle accident, occurred on 06.03.1998 at about 1330 hours on Assam -Agartala road near Longthrai Temple under Ambassa Police station involving vehicle No. TRT -4066 (Jeep) with which Kiriti was traveling from Teliamura to Machmara.

(2.) THE tribunal has decided the issues that the accident occurred for rash and negligent driving of the vehicle and because of the accident Kiriti suffered the injury as stated above. The tribunal also held that the vehicle belonged to respondent No. 1 was insured with respondent No. 2, the Oriental Insurance Company Ltd. covering the risk on the date of accident. Since the finding of the tribunal, as aforesaid, has not been challenged, for brevity, reproduction of factual detail is carefully avoided. The tribunal awarded a total compensation of Rs. 1,10,000/ - with 9% interest there on from the date of filing of the claim petition i.e. 10.12.1998 on following head: <FRM>JUDGEMENT_1803_ACJ_2014.html</FRM>

(3.) IT is contended by the appellant -petitioner that the award made by the Tribunal is grossly inadequate and contrary to the law, settled by this Court and the Apex Court.