- (1.) ON August 28, 2000 at about 12:30 p. m. when the appellant was driving his scooter he was hit by an Andul bound Minibus from Howrah being W. B. 15/2490 because of rash and negligent driving of the driver of the Minibus. The appellant sustained serious injury all over his body. He was removed to a private nursing home where he was treated. He suffered great pain and agony. He claimed to be forty seven years old having business income of Rs. 1,21,795. 00 per annum. He spent Rs. 15,000 for his medical treatment.
(2.) IN the above backdrop the appellant filed a claimed petition, inter alia, praying for a sum of Rs. 3 lacks against the Minibus owner and the Insurance Company covering the risk. The owner did not contest the case. The Insurance Company filed a written statement denying the claim. The other Insurance Company covering the risk of the scooter also filed written statement denying its liability. The Tribunal, after considering the evidence and the rival pleadings and arguments made before it, observed that the claim was a speculative one. He did not submit any medical document to support his injury and his treatment at a private nursing home. The doctor who treated him did not come forward to give evidence. His income was also not proved as he miserably failed to disclose any supportive document. His evidence was contradictory as he deposed that his scooter got involved in an accident of two minibuses which was contrary to his claim petition. He also did not disclose any paper to support his age as claimed by him. He did not sustain any pecuniary loss as he continued to work in his work place. The claim was based upon the disability. Certificate issued by Dr. H. K. Mukherjee certifying him disabled to the extent of 30 per cent. The Tribunal observed that Dr. Mukherjee was not a specialised doctor in orthopaedic. He did not treat the appellant. He did not advise better treatment, as it was not necessary.
(3.) IN this backdrop, considering the matter taking a sum total of the evidence, the tribunal awarded Rs. 31,000. 00 as a lump sum compensation and asked both the insurance Company to pay such compensation in equal share. The Tribunal also awarded interest at the rate of 9 per cent per annum from the date of the judgment until it was paid off.;