NATIONAL INSURANCE COMPANY LTD Vs. ANJAN DASGUPTA

JUDGEMENT

(1.) I have heard Mr. D. K. Biswas, the learned counsel for the petitioner and Mr. Somik Deb, the learned counsel for the respondents.

(2.) This is an application under Article 227 read with Article 226 of the Constitution of India for quashing the judgment and award dated 19.05.2004 which merged with the review order dated 10.11.2004 in T.S. (MAC) No. 639 of 1999 passed by the learned Member, Motor Accident Claims Tribunal (Court No. 2), Agartala (hereinafter referred to 'the Tribunal' for short). The case of the petitioner is that the respondent No. 1 filed a claim petition before the Tribunal far payment of compensation of Rs. 9,35,00/- for the injuries sustained by him in the vehicular accident which took place on 23.05.1998 at about 13.30 hours. On that fateful day, the respondent No. 1 boarded the Jeep bearing TR-01 2919 from Agartala to Sonamura and on the way the vehicle was alleged to have lost its control at Madhuban hitting two boys in a motor cycle including the respondent No. 1 and thereafter dashed against a tree on the road side. Sustaining injuries, the respondent No. 1 was shifted to G.B. Hospital for treatment and was released from hospital on the same day with an instruction that he should continue treatment from OPD. The respondent No. 1 claimed to have consulted private Doctor for which he incurred Rs. 15,000/--. Due to the injuries sustained by him, his right thumb had to be amputed which made him handicapped. The respondent No. 1 was at that time 51 years old and was carrying on the profession of mason and earned Rs. 4,000/- per month. He had unmarried daughter, son and wife, who were fully dependent upon him for their livelihood. The respondemt No. 1 further claimed that the accident had taken place due to the rash and negligent driving of the Jeep by the driver. The claim was resisted by the owner of the vehicle as well as the Insurance Company. The Insurance Company, i.e., the petitioner, filed its written statement and alleged that the accident occurred due to the rash and negligent driving of the Jeep as well as the motor cycle and denied that the petitioner was earning Rs. 4,000/- per month.

(3.) The Tribunal framed the following issues : "(I) Whether the claimant petitioner sustained injuries out of vehicular accident due to rash and negligent driving of the vehicle bearing No. TR 01 2919 (Jeep) by its driver on 23.5.98? (II) Whether the claimant petitioner is entitled to get any compensation as prayed for. If so, what should be the quantum and which O.P. is liable to pay?"