Hiranmay Bhattacharyya - (1.) The Insurance Company has preferred the instant appeal challenging the judgment and/or award dated September 6, 2016 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track Court Suri, District Birbhum in MAC Case No. 301 of 2011.
(2.) The claimant filed an application under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 15,00,000/-. The case made out in the claim application is that on 3rd May, 2011 at about 5:45 PM when the claimant was returning home from his office after completion of his duty through Panagrah- Moregram High Way on his bicycle, two trucks bearing Registration No. WB-53A/5322 and WB 65/9511 approaching from the opposite direction with high speed, rashly and negligently met with a head on collision and dashed the claimant and as a result of which the claimant sustained grievous injuries. The claimant was thereafter taken to Suri Sadar Hospital for treatment and subsequently was shifted to the Mission Hospital, Duragapur where he was treated from 3rd May, 2011 to 5th June 2011 and again from 10th September, 2011 to 21st September, 2011. It is the further case of the claimant that due to the said accident the claimant is totally unfit for doing any work and he has become permanently disabled. Since the claimant sustained severe injuries on different parts of the body and particularly on his thigh and legs for which he has suffered 75% permanent disablement, he cannot move without the help of crutch. The claimant received all his arrear wages and retiremental benefits from his employer and as such he did not claim any amount on account of loss of earning. The claimant claimed compensation from the owner and insurer of the offending truck No. WB 65/9511.
(3.) Reliance General Insurance Company Ltd. obtained leave under Section 170 of the Motor Vehicles Act to contest the case on merit besides the defence available to the Insurance Company under Section 149 (2) (a) of the Motor vehicles Act and contested the said Motor Accident Claim case by filing a written objection denying the rash and negligent driving by the driver of the offending truck No. WB 65/9511.;