NATIONAL INSURANCE COMPANY Vs. JHARNA DAS

JUDGEMENT

(1.) ADMITTEDLY one Smt. Jharna Das, wife of Subhash Das of Salkia, District Howrah (West Bengal) was injured while she was travelling in a bus (WGB 5899) on 4.3.1992, when a truck (BR-15-H-2671) dashed it from opposite direction.

(2.) SHE filed Claim Case No. 218 of 1992, under Section 166 of the Motor Vehicles Act, 1988. It was established that driver of the bus, in which claimant was travelling was responsible for the accident and the bus was insured at the relevant time with National Insurance Company Limited.

(3.) IT was claimed on her behalf that she was victim of the accident and was deprived of her daily routine work on account of loss of her efficiency to the extent of 60 per cent. In this regard the Tribunal in paragraph No. 9 of the judgment observed that her claim of loss of efficiency upto 60 per cent did not appear to be reasonable and it has reason to believe that there was loss of 30 per cent of her efficiency in her work on the basis of judicial notice taken by Court and on that basis amount of compensation was calculated.