- (1.) This Court has heard the learned Advocates for the respective parties. This appeal arises out of a judgement/award dated 12.11.2008 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 3rd Court, Tamluk, Purba Medinipur in M.A.C. Case No. 27 of 2007/M.A.C. Case No. 230 of 2006 (D.J.).
(2.) The claimant before the learned Court below has filed the present appeal challenging the aforesaid judgement/award.
(3.) There is no dispute with regard to the fact that the claimant while riding a Motor Cycle was hit by a Truck and the claimant ultimately suffered 70% permanent disability. There is no dispute with regard to the fact that the left leg of the claimant was fractured and an amputation of the left leg had to be done below the knee. Such amputation was done at Christian Medical College at Valore. It also appears that the claimant had to be under medical treatment firstly at Kothary Medical Centre, Kolkata from 14.6.2006 to 10.7.2006; thereafter at Sudha Nursing Home at Basudevpur, Haldia from 10.7.2006 to 31.8.2006 and also at Christian Medical College at Valore from 20.11.2006 to 26.11.2006. That apart the claimant had to be treated by private Doctors from 1.9.2006 to 19.11.2006. The Doctor concerned has certified that the claimant had suffered 70% permanent disability. It also appears that the claimant was, before the accident took place, earning a sum of Rs. 4500/- by way of salary from his employer. It appears from the record that the claimant's employer gave evidence in the proceedings. The vehicle concerned was undisputedly insured with the respondent Insurance Company at the material point of time.;