PRAFULLA KUMAR BOSE Vs. SURESH KUMAR VINOD KUMAR LAL PODDAR

JUDGEMENT

(1.) Being dissatisfied with the amount of compensation the unfortunate applicant has preferred this appeal under Section 110-D of the Motor Vehicles Act.

(2.) The appellant filed an application under Section 111 of the Motor Vehicles Act before the Tribunal on 25th of January, 1964. According to the statements made in the application, the appellant was the Managing Director of Rare Mineral & Mica Mining Co. (P.) Ltd. and was travelling on 26th of January, 1963 in an ambassador car bearing No. WBB 8126. He was proceeding to Tilaiya on the Grand Trunk Road when a petrol tanker numbered WGH 4650 came from the Opposite direction and dashed against the car. As a result of this accident the appellant sustained multiple injuries and became unconscious. He was removed to the Barhi Government Hospital. Since the injuries were serious, the appellant was advised to be taken to an institution where specialised treatment could be given. He was, therefore, ultimately taken to Orthopaedic and Fracture Clinic, Calcutta-20 He remained in the Clinic from 29th of January, 1963 till 11th April, 1963. It is said that he spent Rs. 10,000 (Rupees ten thousand) towards his treatment. On these facts a gum of Rs. 4,02,000 was claimed as compensation, the break of which is as follows; <FRM>JUDGEMENT_248_AIR(PAT)_1977Html1.htm</FRM>

(3.) The truck according to the appellant was insured with Oriental Fire and General Insurance Company Ltd., but in spite of service of notices, it did not file any written statement. A written, statement was, however, filed on behalf of M/s. Suresh Kumar Vinod Kumar, owner of the truck. The defence inter alia was that the claim was hopelessly barred by limitation, and that there was no rashness, negligence or fault on the part of the driver of vehicle No. WGH 4650. The fact that the accident took place on 26th of January, 1963 was admitted, but according to the respondent-opposite party, the petrol tanker was running on a moderate speed, when all on a sudden the car (WBB 8126) came in front of the petrol tanker. In spite of the efforts made by the driver of the tanker, the accident took place as the ambassador car was in very high speed and dashed against the petrol tanker.