- (1.) This Misc. Appeal is by the claimant-appellant against the judgment and award dated 21.9.1996/24.9.1996 passed in M.A.C. Case No. 153 of 1992 by the Court of M.A.C.C. Tribunal, South 24-Parganas, Alipore.
(2.) The above claim case was filed under Section 110A of the Motor Vehicles Act, 1939. The Claimant-appellant's case in brief may be described as under: "On 30.8.1987 at about 4-30 P.M. one private bus, bearing No. WBR 2069 was proceeding along B.T. Road from South to North. While it reached in front of Premises No. 16, B.T. Road, it knocked down the victim a minor boy. As a result the victim sustained severe injuries and was removed to R. G. Kar Hospital, where he was admitted. Thereafter, he was taken to Dream Land Nurshing Home. It was alleged that rash and negligent driving on the part of the driver of the offending vehicle, was the sole case of the accident. The victim was only a child of 3 years of age and both of his legs were fractured. The victim boy was thus became handicapped and is not likely to earn his living in future."
(3.) The respondent-Insurance Company contested the case by denying all the material allegations made in the above claim petition. The insurance cover of the offending vehicle was not under dispute.;