Satyabrata Sinha, J. - (1.) These two appeals at the instance of the United India Insurance Co. Ltd. arise out of judgments dated 18.4.95 and 6.5.95 respectively passed by Sri S.S. Sinha, Motor Accident Claim Tribunal Judge, Dakshin Dinajpur, Balurghat.
(2.) The fact of the matter is as follows:- On 9.2.92 the applicants-respondents were coming from Islampur to. Raiganj by tourist taxi bearing Registration No. WB-59/0129. It appears that the said taxi belonged to one Nilkamal Kundu but the same was hypothecated in favour of U.B.I.
(3.) The driver of the said vehicle allegedly was driving the vehicle rashly and negligently despite requests made by the Respondents and Ors. not to do so and dashed against a road side tree, as a result whereof the applicants together with one Ashok Chanda, the youngest son of the applicant Smt. Sipra Brahma and Karan Kumar Kundu were severely injured. The applicant Smt. Sipra Brahma was initially admitted to Raiganj S.D. Hospital. The applicant Kanan Kumar Kundu was admitted to Karandighi Hospital whereafter he was shifted to Raiganj Hospital and then again was shifted to Maldah Nursing Home for treatment. For better treatment the applicant Sipra Brahma had to be shifted to Harrington Nursing Home & Diagnostic Centre Pvt. Ltd. Calcutta whereas the applicant Kanan Kumar Kundu was shifted to Kothari Medical Centre and Research Institute, Calcutta. They underwent operations.;