- (1.) THIS is an appeal under section 110 D of the Motor vehicles Act, 1939, directed against the award dated February 9, 1968, made by the judge presiding over the Motor Accident claim Tribunal, Calcutta, 24-Parganas and Howrah in Motor Accident Claim case No. 27 of 1965. The learned judge having overruled the claim altogether the claimant has preferred the present appeal.
(2.) THE case of the claimant was that on May 6, 1964, she was on board of a double-decker bus of the respondent, Calcutta State Transport corporation plying on route No. 9 on her way to her place of work in north Calcutta. At or about 11 a. m. as the vehicle turned into Chittaranjan Avenue while coming along Bowbazar Street the tyre of a rear wheel burst and she being seated on a seat just above the said wheel suffered multiple fracture of bones on her right leg due to the air pressure. She tried to stand but could not and was removed to Medical College in a taxi by the conductor and two other gentlemen. From the hospital she was removed in an ambulance at the instance of her husband to a clinic and was put under the treatment of Dr. R. N. Mitra. She was put on plastering but since the bones did not unite under plaster she had to undergo a grafting operation which was effected three months thereafter. In that process she was cured but has suffered a permanent damage and her leg in question has turned weak and she cannot walk freely and cannot mount steps. She had to give up her job as a teacher in a north calcutta school.
(3.) ON the facts, as aforesaid, on february 13, 1965, she lodged a claim before the aforesaid Claims Tribunal claiming a sum of Rs. 15,000/- on the ground of loss of earning, suffering and physical disability. Such claims was ladged in the form prescribed by the statute and is to be found at pages 9 to 11 of the Paper Book.;