Subrata Talukdar, J. - (1.) IN this appeal the judgement and award passed by the Ld. Motor Accident Claims Tribunal (for short M.A.C.T. or only the Ld. Tribunal) being the court of Ld. 10th Additional District Judge, Alipore in M.A.C. Case No. 377 of 2002 is under challenge. The claimant, one Kanailal Mondal, son of Lalit Mondal, of village Garkhali, P.O. Bangonagar, P.S. Falta, District 24 Pargana (South) is the claimant before the Ld. Tribunal. According to the claim application the appellant/claimant was travelling in a private bus on Route No. 83 and bearing the registration No. WB -19/6787 from Fatepur to Kolkata. On the fateful date, i.e. 10th of December 2001 at about 6.30 a.m. when the bus reached Konchowki at Diamond Harbour Road it hit the rear side of a Matador Van at a high speed.
(2.) ACCORDING to the appellant the bus was being driven recklessly and, as a result of the accident the appellant suffered serious injuries in the nature of a fracture of his right clavicle at the junction of the outer third and medial two third. In view of the serious injuries suffered by the appellant he was admitted to Ma Sarada Nursing Home at village and P.O. Shirakol, District 24 Parganas (South) under the treatment of one Dr. M.K. Dutta. The appellant claims to have been treated at the said nursing home between 10th December, 2001 to 17th December, 2001 on which date he was discharged. The X -Ray report dated 11th December, 2001 reads as follows: - "Skiagrams reveals the evidence of fracture is noted of right clavicle at the junction to the outer third and medial two third."
(3.) THE appellant claims to have spent an amount of Rs. 14,000/ - towards his treatment at the said nursing home. He further claims to have been working as a carpenter with M/s Ghosal Furnitures of Diamond Harbour Road and earning an amount of Rs. 4,000/ - (approximately) per month.;