- (1.) The claimant in MACC No.368 of 2000 in the Motor Accidents Claims Tribunal, Jalpaiguri is the appellant in this appeal. He is aggrieved by the award of the claims tribunal dated April 9, 2003. He applied for fault liability compensation under s.166 of the Motor Vehicles Act, 1988 on November 6, 2000.
(2.) His case was as follows:- In an accident caused by a 407-truck (WB-73-6537) at 10th Mile Falakata Madari road on December 8, 1999 at about 9:00 p.m. he suffered "Multiple injuries. Shaft Hemers Radius RT (Locomotor Handicapped) Right hand permanent disable." He received treatment from Falakata Hospital from December 8, 1999 to December 9, 1999, from Paramount Hospital in Siliguri from December 9, 1999 to December 16, 1999, and from Shree Jain Hospital & Research Centre in Howrah from December 17, 1999 to March 10, 2000. From December 8, 1999 to March 10, 2000 he spent Rs. 90,000 for treatment. The vehicle was covered by a valid policy issued by the insurance company. At the date of accident he was 35 and from business he used to earn Rs. 5,000 per month. He was also an income tax assessee. The accident causing the injuries entitled him to Rs. 3 lakh compensation with 12% p.a. interest.
(3.) The insurance company contested the case by filing a written statement. The owner of the offending vehicle also filed written statement denying and disputing the correctness of every material fact. In proof of his case the appellant examined himself as PW1 and an eyewitness to the accident as PW2. The insurance company did not give any evidence.;