GOPINATH GHOSH Vs. JASUDA DEBNATH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the "m. V. Act") has arisen out of the judgment and award, dated 24. 11. 1998, passed, in T. S. (MAC) No. 264/94, by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala.

(2.) THE case of the claimant, as unfolded before the learned Tribunal, may, in brief, be stated as follows : On 26. 9. 1994, when the claimant was travelling by vehicle bearing registration No. TR-01-2505, which was being driven at high speed, the same collided against another vehicle bearing registration No. TRS-668, which was coming driven at high speed from the opposite direction. As a result of the collision, the claimant sustained injuries on his head and other parts of his body, he was shifted to G. B. Hospital and remained under treatment there till 30. 10. 1994. Even after discharge from the G. B. Hospital, the claimant has remained under treatment, at Kolkata as well as at Agartala, for injuries sustained by him, the injuries so sustained by the claimant included fracture of one of his arms and damage to his teeth. The claimant accordingly applied under Section 166 of the M. V. Act seeking compensation of a sum of Rs. 7,95,000/ -.

(3.) THE registered owners of the 2 (two) vehicles aforementioned as well as the insurer thereof contested the claim for compensation by filing their written statements, wherein the factum of the accident was not disputed nor was it disputed that the vehicles stood insured with the insurers as mentioned by the claimant in his claim application.