Bhattacharya, ACJ. - (1.) This appeal is at the instance of a claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 18th August, 2004 passed by the learned Judge, Sixth Bench, City Civil Court at Calcutta, in M.A.J. Case No. 127 of 2003, thereby dismissing the claim-application.
(2.) The appellant before us filed a proceeding under Section 166 of the Act on the allegation that on 8th March, 2003 at about 11:50 hours the appellant along with some Jawans of the Border Security Force were making route march exercise, when a truck, insured by the Insurance Company, came at a tremendous speed and caused death of a particular Jawan and serious injuries to six others including the applicant. The injured persons were admitted to the North Bengal Medical College and Hospital and were treated as indoor patients. According to the applicant, the driver of the offending vehicle was solely responsible for the accident. The applicant was aged 36 years and his monthly income was Rs. 7,009/- at the relevant time and due to the injury caused to his chest, he was partially disabled to the extent of 50%. He, thus, claimed Rs. 6,70,000/- as compensation.
(3.) At the time of hearing of the application, it was established that due to rash and negligent driving on the part of the driver of the concerned truck the accident occurred, as a result, the applicant was injured. The learned Tribunal below, however, refused to believe the evidence of P.W. 3 who found that the applicant had become disabled to the extent of 50% on the ground that it would appear from the documents filed by the appellant himself that he was found to be fit to join his duty as a Jawan of the Border Security Force. From the aforesaid documents, the learned Tribunal opined that there was no justification of granting any amount of compensation as there has been no pecuniary loss of the appellant for the injury suffered by him because the entire financial burden of his treatment was taken by his employer, the B.S.F. Authority. The learned Tribunal below, thus, dismissed the application.;