Sahidullah Munshi, J. - (1.) This appeal filed by National Insurance Co. Ltd. is against a judgment and award dated 29th April, 2004 passed by the Motor Accident Claims Tribunal and Additional District Judge, 4th Court, Nadia in an application of the respondent/claimant for compensation under Sec. 166 of the Motor Vehicles Act, 1988 being M.A.C.C. Case No. 216 of 2002 on account of his permanent disability by reason of an accident caused by the fault and negligence of a mini truck bearing the No. WB -51/1047 owned by the respondent Nos. 2 and 3 and covered by a policy of insurance issued by the appellant insurer.
(2.) In the claim application, it was stated that on 19th March, 2001 the respondent/claimant was returning home from the Nabadwip burning ghat in the offending mini truck along with his relatives and neighbours. The said mini truck which was being driven recklessly, in high speed, lost control and hit the boundary wall of a school.
(3.) Two persons succumbed to their injuries. The respondent/claimant, Gokul Das suffered multiple injuries which led to his permanent disablement.;