HIMANGSHU KUMAR MUKHERJEE Vs. CHAIRMAN CALCUTTA STATE TRANSPORT CORPORATION
LAWS(CAL)-1973-8-9
HIGH COURT OF CALCUTTA
Decided on August 14,1973

HIMANGSHU KUMAR MUKHERJEE Appellant
VERSUS
CHAIRMAN, CALCUTTA STATE TRANSPORT CORPORATION Respondents

JUDGEMENT

A.K.Sinha, J. - (1.) This is an appeal preferred against a judgment and award of Rs. 2000/- given by the Motor Claims Tribunal, 24 Parganas to the present appellant.
(2.) Shortly put, the appellant's case is that he received serious bleeding injury in his right elbow resulting fracture of bones while travelling in a State Bus a few hundred yards from the junction of Chitpore Road and Harrison Road which dashed against a tram car proceeding from the opposite direction towards Sealdah station. The appellant was hospitalised for 26 days and thereafter he was directed to attend the outdoor Department of the Hospital to continue his treatment till 3-10-66. The appellant, it is alleged, could only resume his duties on 4-10-66 after the expiry of his sick leave. The appellant has therefore, claimed on account of injuries which resulted, as alleged, in permanent disablement due to the negligent and rash driving of the driver of the State Bus in question compensation to the extent of Rs. 50,000/- against the respondent, Calcutta State Transport Corporation.
(3.) The Tribunal on evidence found that the appellant obtained serious injury as a result of negligent bus driving at the material time but at the same time found that the appellant did not suffer any pecuniary loss as he has been continuing in his present post in the Eastern Railway: nevertheless, the Tribunal allowed Rs. 2000/- as compensation, that is, Rs. 1500/- on account of the appellant's medical expenses and Rs. 500/- towards the cost of travelling by taxis etc. That is how, in short, the appellant felt aggrieved and preferred the present appeal.;


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