AMIT KUMAR PAUL Vs. MANAGING DIRECTOR, KOLKATA STATE TRANSPORT CORPORATION
HIGH COURT TRIPURA
Amit Kumar Paul
Managing Director, Kolkata State Transport Corporation
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Akil Kureshi,J. -
(1.) Appeal and Cross Appeal arise out of a common award of the Motor Accident Claims Tribunal, West Tripura, Agartala dated 29.07.2017 passed in Case No.T.S. (MAC) 91 of 2012.
(2.) This case involves unfortunate facts where a person, who received serious bodily injuries in a vehicular accident which took place on 24.07.2011 and it was caused due to sole and gross negligence of the driver of Kolkata State Transport Corporation bus, has not yet received adequate compensation for his monetary and non-monetary losses.
(3.) On 24.07.2011 in the evening hours, the claimant Amit Kumar Paul was standing at Shyambazar bus stop in Kolkata waiting for his bus, the bus of Kolkata State Transport Corporation collided with him causing serious injuries. According to the claimant, the bus jumped on the footpath where he was standing and caused serious multiple injuries on his legs. He filed a claim petition before Motor Accident Claims Tribunal, Agartala claiming compensation under various heads. At one stage, the Claims Tribunal passed an award dated 20.06.2013 and awarded a compensation of Rs.14,92,160/-. In Appeal, the High Court remanded the matter for fresh consideration by the Tribunal by an order dated 14.10.2016 upon which a fresh award was passed by the Tribunal in which the Tribunal awarded a compensation of Rs.9,17,777/-. This award the claimant has challenged in the MAC Appeal. The Kolkata State Transport Corporation has filed Cross Objection.;
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