Samanta, Mitra, J. - (1.) This misc. appeal is at the instance of the claimant-appellant against an award made by the Motor Accidents Claims Tribunal in an application under section 166 of the Motor Vehicles Act, 1988. The above appeal has been filed by challenging the quantum as awarded by the Tribunal. Learned Claims Tribunal by the aforesaid judgment and award has not granted any compensation for loss of earnings but has awarded a compensation for a total sum of Rs. 1,10,000 on account of medical expenses to the tune of Rs. 80,000 and Rs. 30,000 on account of pain and suffering and loss of expectation in life.
(2.) The facts of the case in brief are that the claimant met with an accident on 26.10.1998 at about 18.50 hours caused by the offending vehicle bearing registration No. WBS 3130. It appears from the deposition of the claimant himself that he was taken to R.G. Kar Medical Hospital soon after the accident. He was not advised by the said hospital to be shifted to a nursing home for a better treatment. But at the choice of the family members of claimant, he was shifted to a private nursing home on the same day and ultimately he was treated in two different nursing homes for a period from 27.10.1998 to 15.11.1998. It is further evident from the records of this case that the claimant did not take any disablement certificate from the doctors who treated him at those two nursing homes. Claimant ultimately obtained a permanent partial disablement certificate from a private doctor, namely, Dr. H.K. Mukherjee who certified his permanent disability to the extent of 65 per cent on the basis of which the claim petition was made for compensation amount of Rs. 7,50,000 with interest.
(3.) In this case the rash and negligent driving of the offending vehicle by its driver has been proved in evidence and such finding of the Claims Tribunal has not been questioned in this appeal by the insurer respondent.;