PRADIP KUMAR DEY Vs. BISWANATH SEN
HIGH COURT TRIPURA
PRADIP KUMAR DEY
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Arindam Lodh,J. -
(1.) The instant appeal is directed against the Judgment and award dated 26.07.2017, passed by the learned Motor Accident Claims Tribunal (Court No.2), Agartala, West Tripura in connection with TS (MAC) 249 of 2012, for enhancement of the compensation.
(2.) Heard Mrs. S. Deb(Gupta), learned counsel appearing for the claimant-appellant. Also heard Mr. A. Gan Chaudhury, learned counsel appearing for the insurance company, the respondent No.2.
(3.) The brief facts are that the appellant herein filed an application under Section 166 of the Motor Vehicles Act,1988 [for short MV Act] claiming compensation to the tune of Rs.73,00,000/- for his disability out of the accident occurred on 04.11.2011 on Agartala-Airport road due to rash and negligent driving of the motor cycle bearing registration No.TR03-A-4923. It is stated in the claim application that the claimant-appellant was travelling through the said motor cycle as a pillion rider at that time another motor cycle bearing registration No. TR02-A- 9787 coming from the same direction at an abnormal speed dashed the motor cycle in which the claimant was travelling. Due to the said accident the appellant had suffered severe injuries on various parts of his body more particularly, in his left leg and became unconscious. He was taken to AGMC and GBP Hospital, Agartala where he was treated for few days and considering his precarious condition he was air-dashed to SSKM/AMRI Hospital, Kolkata on reference. He got admitted to Apollo Gleneagles Hospital, Kolkata for specialized treatment. He underwent major surgery. Steel plates were inserted in his left proximal tibia and in course of treatment he had to incur huge expenditure. The bills and vouchers were produced before the learned Tribunal in course of trial. He also produced disability certificate issued by the competent authority of the AGMC and GBP Hospital. The owner of the offending vehicle as well as the insurance company had contested the claim application. The insurance company did not adduce evidence.;
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