M.M.Dutt, J. - (1.) This appeal is at the instance of this Insurance Company and it is directed against the award dated August 27, 1975 of the Motor Accident Claims Tribunal, Calcutta.
(2.) On February 8, 1971 at about 8 A.M., the respondent was knocked down by a lorry bearing No. WBL 8468 near the junction of Diamond Harbour Road and Mayurbhanj Road, Calcutta. The respondent suffered compound fracture' of right leg and several other injuries on his person. He was treated in the Sambhu Nath Pandit Hospital as an indoor patient from February 8, 1971 to May 29, 1971 and also from June 19, 1971 to July 3, 1971. He made an application under Section 110A(1)(a) of the Motor Vehicles Act, 1939 praying for payment of compensation. It was alleged that he incurred expenditure of Rs. 5,000/- for his treatment. Further, it was alleged that the lorry in Question was driven at a very high speed in a rash and negligent manner and" it suddenly came from behind and knocked the respondent down Who was on a cycle and proceeding towards north. The respondent was aged 45 years on the date of his accident and was earning Rs. 500/- per month as a tailor and order supplier in ships on Java Bengal Shipping Line. He claimed compensation of Rs. 75,000/-.
(3.) The owner of the lorry did not appear in the proceeding and contest the claim of the, respondent. It appears that at the instance, of the learned Tribunal, the appellant was served with a notice of the proceeding. The appellant entered appearance and filed its defence. Further, the appellant cross-examined the witnesses examined, on behalf of the respondent with the permission of the learned Tribunal. The appellant denied that the respondent received the injury due to the rash and negligent driving of the vehicle by the driver. The claim of the respondent for compensation to the extent of Rs. 75,000/- was also denied.;