- (1.) THIS revisional application is one under Article 227 of the Constitution and is directed against judgment and award dated 7. 7. 2003 passed by learned Judge, Motor Accidents claims Tribunal, Alipur in connection with m. A. C. Case No. 81 of 2001.
(2.) THE said case was one under section 163-A of the Motor Vehicles Act brought by the present opposite party against the present petitioner.
(3.) THE fact leading to filing of the said m. A. C. case may be summed up thus: (i) That the present opposite party met with a motor vehicle accident on 10. 7. 2000 at about 10. 15 hours in front of pillar No. 23 over Howrah Bridge. At the relevant time the victim was aged about 33 years and was earning Rs. 1,330. He was a passenger of Calcutta State Transport Corporation (in short 'c. S. T. C. ') bus No. WB 01-1033. As a result of the said accident the present opposite party sustained severe injuries and was treated medically. It is the case of the opposite party that the said accident took place when driver of the said bus tried to overtake another vehicle. The opposite party has become a permanently disabled person. (ii) By filing the said case the petitioner claimed Rs. 2,00,000 as compensation. (iii) The C. S. T. C. took the specific plea that the court had no jurisdiction to entertain the application. The present petitioner also took the specific plea that the vehicle involved did not belong to C. S. T. C. and as such, the C. S. T. C. can never be the owner of the vehicle in question. (iv) The C. S. T. C. prayed for dismissal of the said case. (v) The learned trial Judge on the basis of evidence and materials on record allowed the application and directed the present petitioner to pay a sum of Rs. 91,200 as compensation. The learned Judge directed further that the amount is to be paid within three months from the date of that order by accounts payee cheque failing which the award shall carry interest at the rate of 7. 5 per cent per annum.;