- (1.) THIS appeal, under Section 173 of the Motor Vehicle Act, 1988, is directed against the judgment & award, dated 04.09.2004, passed by the learned single Member, Motor Accident Claims Tribunal (District Judge, West Tripura, Agartala), in Case No. TS.(MAC)603/2000.
(2.) HEARD learned counsel, Mr. T D Majumder for the appellant and learned counsel, Mr. D K Biswas for the respdt. National Insurance Company Ltd.
(3.) THE appellant, as petitioner, has presented the petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal claiming compensation of Rs. 20,00,000/ - for the injury sustained by him due to motor vehicle accident. The case of the appellant was that on 18.06.2000 at about 5.30 PM he was on way to Agartala from Bishalgarh side riding a motor cycle and when reached near Malabati Tea Garned at Bishalgarh on Bishargarh - Agartala road at a place named Tea Garden Chouwmuhani, Sekerkote, a Commander Jeep vehicle bearing No. TR -01 -3707 which was coming from opposite direction proceeding towards Bishargarh with abnormal high speed dashed the motor cycle and as a result, he fell down and sustained injuries on his head, face, ears, eyes, legs, hands and other parts of the body. He was taken to GB hospital where he was under treatment from 18.06.2000 to 29.06.2000 and thereafter, he was referred by the Medical Board to SSKM hospital, Kolkata for better treatment and was treated in the said hospital from 09.07.2000 to 12.07.2000 and there from he went to Appollo hospital, Chennai and undergone for treatment from 17.07.2000 to 21.07.2000 and also treated in Sankar Nethralaya, Chennai, on 28.07.2000. He spent about Rs. 1,20,000/ - for the purpose of treatment. He used to work as an Electrician and also used to deal with the business as Decorator and thereby earn Rs. 6,000/ - per month. He was aged about 29 years at the time of accident. He has lost eye sight of his left eye to the extent of 30% due to the accident and the Medical Board of BRAM hospital certified him as visually handicapped to the extent of 30% and as a result of that he has lost his profession and therefore, claimed compensation of Rs. 20,00,000/ -. Respdt No. 1, the owner of the alleged offending vehicle submitted written statement denying the averments made by the claim petition but did not state anything specific about the accident except denial thereof. It was further stated that the vehicle was insured with the National Insurance Company Ltd. covering the risk on the date of accident and therefore, liability if any, should be borne by the insurance company.;