Sukumar Chakravarty, J. - (1.) THIS is an appeal directed against the award dated 6.7.1978 passed by Mr. R.C. Ghosh, learned Motor Accidents Claims Tribunal for Calcutta and 24 -Parganas in M.A.C. Case No. 199 of 1973 filed at the instance of the insurance company, namely, New India Assurance Co. Ltd., and the owner of the vehicle, namely, Michael Samuel, as Appellants.
(2.) IT was the case of the claimant -Petitioner, Krishna Dutta who was a minor being represented by her natural guardian father Gopal Chandra Dutta, that on 24th February, 1973 at about 16.30 hrs. the taxi No. WBT 7698 was proceeding at a very high speed along the Nimtala Ghat Street from east to west and dashed against her from behind on her right side while she was going through the road. As a result of such accident, the girl sustained serious injury and one of her legs had to be amputated. The girl was thus permanently disabled. The said accident was caused due to the rash and negligent driving of the taxi, according to the claimant. The amount of Rs. 55,000/ - was claimed by way of compensation. The owner of the vehicle as also the insurer, namely, the aforesaid New India Assurance Company, contested the claim case. The learned Tribunal, however, awarded the total compensation of Rs. 42,600/ - making apportionment in the following way: Rs. 2,000/ -for pain and sufferings, Rs. 600/ - for cost of treatment, Rs. 20,000/ - for loss of right lower limb and Rs. 20,000/ - for marriage expense of the girl.
(3.) THE owner of the vehicle and the insurer jointly preferred the appeal being dissatisfied with the aforesaid award.;