Sukumar Chakravarty, J. - (1.) THIS appeal has arisen out of the award dated October 6, 1977 passed by Mr. R.C. Ghosh, the learned Judge, Motor Accidents Claims Tribunal in Motor Accident Claim Case No. 136 of 1973.
(2.) THE claimant Petitioner Ashutosh Bhattacharjee filed the aforesaid M.A.C. case claiming compensation of Rs. 80,000/ - . The claimant was knocked down by the lorry No. WBL 1219 at 1 p.m. on December 12, 1972 on Lower Circular Road near Moulali Crossing due to the rash and negligent driving of the lorry. The claimant sustained serious injuries and was rushed to the hospital. His left foot was amputated and he became paralytic losing his power of speech and normal activities. He was aged about 40 years at the time of the accident and he used to earn Rs. 350/ - to Rs. 400/ - per month from his tea stall. He spent about Rs. 4,000/ - for his medical treatment. The owner of the lorry was Raijnath Singh, opposite party No. 1 and the insurer was New India Assurance Company Ltd. (hereinafter referred to as 'the insurance company'), opposite party No. 2, according to the statement in the petition for claim. Opposite party No. 1, the owner of the vehicle, did not appear to oppose and contest the claim but opposite party No. 2, the insurance company, opposed the claim by filing written objection. It was contended, inter alia, that the said insurance company did not get any information of the accident involving the lorry in question from the owner and that in the absence of any particulars about the insurance of the lorry, it was not possible for the said insurance company to deal with the claimant's application. The insurance company denied other allegations of the claimant about the rash and negligent driving of the vehicle and about the age and monthly income of the claimant.
(3.) THE learned Judge of the Tribunal on consideration of the materials in the record awarded the total compensation of Rs. 26,000/ - with a direction that in default of the payment of the said compensation money by 15.11.1977, the interest at the rate of 6 per cent per annum would have to be paid on the compensation amount from 15.11.1977 till realisation.;