Dipankar Datta, J. - (1.) The Motor Accident Claims Tribunal, Nadia was approached by the minor claimant (hereafter the claimant), represented by his father, with a claim application under section 166 of the Motor Vehicles Act, 1988 (hereafter the Act). It was registered as MAC Case No.391 of 2011. The pleadings therein reveal that consequent to the claimant (aged about 2 years 3 months) being dashed on August 28, 2011 by a truck bearing registration no.WB-53A/1304 (hereafter the said truck), which was being driven rashly and negligently, he sustained severe injury on his right leg and ultimately, to his utter misfortune, had to suffer an amputation at such a tender age. Compensation in a sum of Rs.15,00,000/- was claimed. By its award dated August 27, 2014, the tribunal decided such application by awarding compensation of Rs.5,85,000/- to the claimant, to be paid by the insurer of the offending truck being the respondent no.2 before it (hereafter the insurer) within a month from date failing which such amount would carry interest @ 8% per annum till realization. The claimant, aggrieved by quantification of compensation payable to him, is in appeal before us under section 173 of the Act. The insurer after service of notice objected to the award by filing a cross-objection in the appeal, exercising its right in terms of Order XLI Rule 22 of the Code of Civil Procedure. According to the insurer, it is not liable to pay compensation at all since it was not proved that the said truck was being driven in a rash and negligent manner.
(2.) Having heard learned advocates for the parties and on perusal of the materials before us, we propose to dispose of the appeal and the cross-objection by this common judgment and order.
(3.) There can be no doubt that determination of damages for loss of human life or sufferance of physical disablement by a victim of a road accident involving use of a motor vehicle is indeed a difficult task. Such task becomes all the more onerous if the victim is of such a tender age as the claimant, who has suffered amputation of his right leg.;