P.K.SAMANTA, J. - (1.) THE present appeal is directed against the judgment and award dated 20th August, 2004 passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Asansol in M.A.C. Case No. 19 of 2004/146 of 2003.
(2.) THE backdrop of the present case may be briefly stated as follows: The present claimant/appellant filed the application under Section 166 of the Motor Vehicles Act before the learned Tribunal claiming compensation. It was claimed in the said application that on 19th March, 2001 at about 18.45 hours, a bus being W.B. 37/4099 knocked the petitioner-appellant causing thereby severe injuries. The petitioner was admitted at the S.D. Hospital, Asansot where he was under treatment from 19th March, 2001 to 4th April, 2001. It was specifically claimed that such accident took place due to rash and negligent driving of the said vehicle. Over such accident case being Jamuria P.S. Case being No. 40 of 2001 dated 19th March, 2001 under Sections 279/338/427, I.P.C. was started. The petitioner as a result of such accident suffered permanent disablement to the extent of 30% in one of his eyes. The petitioner claimed compensation of Rs. 3,00,000 before the learned Claims Tribunal. The respondent-Insurance Company contested the case before the learned Tribunal denying inter alia all material allegations made by petitioner.
(3.) THE learned Tribunal after taking into consideration all the facts and materials as well as evidence on record passed an award of Rs. 30,000 only in favour of the petitioner. Being aggrieved by the said award, the petitioner/appellant a preferred the instant appeal. The learned Counsel for the appellant submits that the learned Tribunal failed to appreciate the matter in its proper perspective. On the other hand, the learned Counsel for the respondent-Insurance Company submitted that the claimant-appellant could not establish his actual age, nor any satisfactory evidence could be placed before the learned Tribunal in support of his income.;