Rajasekhar Mantha - (1.) By consent of the parties the appeal is treated to be as day's list. Paper book filed in the court is taken on record.
(2.) The instant appeal by the victim has been preferred against the judgement and order dated 1st November, 2017 passed in M.A.C. Case No. 191 of 2013 by the Motor Accident Claims Tribunal, Paschim Medinipur. As a brief facts of the case that the claimant Tara Sankar Kola met with a road accident on 21st September, 2012. He was a pillion rider of motor cycle and after getting off the same, while standing on the left side of the pitch road at Mechagram Ghatal Road the offending Maruti car coming from the Ghatal side dashed the appellant from the back in high speed and being driven in a rash and negligent manner. The appellant sustained severe injuries on his right leg, left hand and waist. His right leg was amputated above his knee in a major surgery. Major surgery was also performed on his left shoulder. The doctor certified that the appellant sustained injury.
(3.) The court below received evidence of three medical practitioners. The incident and involvement of the offending vehicle was proved as also was the insurance certificate. The medical expenses bill was proved before the court but not in its entirety. Although the injury ought to have been treated as 100% disablement. The tribunal went on the award of compensation on the basis of the actual medical opinion and 80% degree of injury.;