- (1.) Both these appeals are against a Judgment and Award dated 19th December, 2009 passed by the Motor Accident Claims Tribunal/learned Judge, XIIth Bench, City Civil Court, Kolkata in MJC Case No. 383 being an application for compensation under Section 166 of the Motor Vehicles Act, 1988.
(2.) The case is unfortunate. On 17th December 2006, a 19 year old student Rohan Singh, hereinafter referred to as the Victim, was going for a picnic to Bandel with his friends.
(3.) On the way, the victim along with his friends stopped at Chakundi to have tea at a road side stall. The bike which the victim had been riding was parked by the side of the road and the victim was drinking tea, sitting on his stationary bike. While the victim was sitting on his bike, and having tea, a lorry bearing the Registration No. WB03A 4333, owned by M/s. K.D. Enterprise, and covered by a policy of insurance issued by National Insurance Co. Ltd., hit the victim from behind and ran over his right foot, which was crushed, and had to be amputated. By the judgment and award under appeal, the learned Tribunal awarded total compensation of Rs.12,44,000/ - to the victim as per the particulars given below : JUDGEMENT_49_LAWS(CAL)8_2016.jpg ;