- (1.) This appeal is being heard for final disposal at admission stage with consent of the parties. The claimant appellant has filed this appeal against the Award dated 13.5.2008 passed by 5th Additional District Judge-cum-Additional Motor Accident Claim Tribunal, (F.T.C.) Dumka in Title Claim Case No. 44 of 2005 whereby the Tribunal has awarded a sum of Rs. 1,00,000/- by way of compensation to the claimant/appellant for sustaining leg injury.
(2.) The fact of the case lies in a narrow compass. The claimant Sanjoy Kumar Prasad @ Sanjoy Prasad Bhagat (the appellant) on 26.4.2005 at about 10.30 A.M., he was going to Gopikandar Block by his Hero Honda Motorcycle No. JH-04B-0164 near Ranga Mission Pakur Road, suddenly one truck bearing registration No. WB-37-7154 which was rashly and negligently driven by its driver, had dashed his motorcycle resulted injury to his right leg and hand. The motorcycle was also damaged. As result of the accident, he sustained compound fracture of right patella, fracture in right finger, fracture of neck, right humerous and other severe grievous injuries causing permanent disablement. After the accident, he was sent to Amrapara Hospital from there he was taken to Dumka Hospital then to Premier Clinic and Nursing Home where he was admitted on 27.4.2005 where operation of his right leg was performed, plaster was made, he was confined to bed in the nursing home till 7.5.05 and he was advised to take complete bed rest. He is a businessman aged about 42 years and earning Rs. 4,100/- per month. He claimed compensation of Rs. 19,22,900/-.
(3.) The respondent no. 3/opposite party no. 3 appeared and filed written statement controverting the statements made in the claim petition stating inter alia that the claimant is now fit and able to walk freely and to ride motorcycle. The disablement certificate does not show that he had any permanent disablement. There is no authentic bill for medical expenses and Hospital expenses claimed to the tune of Rs. 95,000/-. The driver who was driving the truck in question had no valid and effective driving license at the time of the accident. The claim of the claimant is very excessive and unreasonable.;