- (1.) This appeal arises out of judgment and award passed by the M.A.C Tribunal Second Court Burdwan in M.A.C. case No. 40/240 of 1983/1987. The award has been passed in an application under Section 110A of the Motor Vehicles Act of 1939 which now corresponds to Section 166 of the Motor Vehicles Act of 1988. The application has been filed by the petitioner Chhatelal Barnwal representing his minor son Santoshlal Barnwal claiming compensation on account of injury sustained by the said Santoshlal in a motor accident caused by a dumper bearing No. WMH7157 belonging to opposite party No.1 Area Manager (ECL) Haripur Colliery Area and insured by the opposite party No.3 National Insurance Company Limited.
(2.) Petitioner's case in short is that on 15th September 1987 at about 16.15 hours while the victim Santoshlal was on his way to Haripur on cycle on his left on Raniganj Suri Road at that time one E.C.L. dumper bearing Registration No. WMH- 7157 suddenly came from New Kenda Colliery at the crossing of Raniganj Suri Road and New Kenda Colliery More and the driver of the dumper dashed against the said cyclist rashly and negligently, as a result of which the cyclist fell down and the driver of the dumper ran over the right leg of the victim Santoshlal and fled away from the spot towards Haripur. The Victim received fracture injury and was removed to Asansol L.M. Hospital, where ultimately his right leg was amputated. Such amputation of leg rendered the victim permanently disabled. The accident was witnessed by one Chakradhar Rana and others. Chakradhar Rana lodged a written complaint with Officer in Charge Jamuria Police and as a result thereof Jamuria Police Station Case No.9 dated 15.09.1987 under Section 279/338 Indian Penal Code was started. It is the case of the petitioner that the victim was required to be sent to Pune for further treatment for setting up artificial leg but could not be done so. The victim is a meritorious student of Class-VI of Adarsha Bal Vikash Vidyalaya of New Kenda Colliery and in support thereof he filed a certificate from the Headmaster of the institution. The petitioner on behalf of his minor son has claimed a compensation of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) only.
(3.) Opposite party National Insurance Company Limited contested the claim application by filing written statement denying all material allegations contending, inter-alia, that at the relevant time of occurrence the dumper was proceeding at a moderate speed on the left side of the road and the cyclist was coming from opposite direction with high speed which dashed against the dumper and loosing control he fell down on the road and sustained injuries. The cyclist was absolutely responsible for the accident. The claim of compensation is baseless and was exaggerated one. The dumper was however, covered under a valid policy of insurance issued by the opposite party insurer.;