Pradyot Kumar Banerjee, J. - (1.) THIS appeal is at the instance of the claimant under Section 110A of the Motor Vehicles Act. The fact relating to the case is that the Petitioner, Appellant herein, was involved in an accident on 29th of May, 1970 at about 6 -35 a.m. on Jotindra Mohan Avenue near A.V. School by a private car bearing No. WBG 3956 which, it is alleged, was coming at a very high speed from south to north and dashed in him. It is alleged that the said car was being driven in rash and negligent manner and the accident could easily be avoided if the driver of the said vehicle did not fail to take reasonable care and attention while driving it. It is stated, because of the accident he had sustained permanently partial physical disablement. The Petitioner (claimant) claimed a sum of Rs. 50,000/ -.
(2.) THE insured company did not contest the application, but the insured company fought out the claim. The Tribunal having held in favour of the insurance company, the present appeal has been filed by the claimant. The learned Judge, in our opinion, was wrong in holding that the insurer, that is, the owner of the offending car and its driver were not at fault and the accident occurred by negligence of the claimant himself, and as such we cannot accept the finding of the Tribunal to be correct.
(3.) IT appears from the evidence of P.W. 7 Bimal Chandra Chowdhury that he himself saw the accident. He stated in his evidence that a man came from west and stood on middle of the road. A car came from south and overtaking another car, knocked that man, i.e. the claimant. It is further stated by this witness that the car searing No. WBG 3956 was coming at a high speed and injured the person who was crossing the road.;