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2018 Supreme(Cal) 558

DIPANKAR DATTA, PROTIK PRAKASH BANERJEE
Srikrishna Kanta Singh – Appellant
Versus
Parameswar Achutanan Nair – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Krishanu Banik

JUDGMENT :

Protik Prakash Banerjee, J.

1. Once upon a time, there was a Block Development Officer for Hura Block in the District of Purulia. He took a lift on the scooter of a man who resided within his block. He wanted to go to Lalpur College for an official function from Hura. While travelling to Lalpur from Hura, on the Purulia-Bankura Road, there was a collision between a trailer and the scooter. The trailer was travelling from Purulia side towards Hura. On the Purulia-Bankura road, which runs from West to East, Lalpur precedes Hura if one is travelling from Purulia. As a result, both the scooter driver and the Block Development Officer suffered injuries. However, the injuries suffered by the Block Development Officer were more serious and resulted in amputation of both his legs, one from below the knee and one from above the knee. As a consequence, he was permanently disabled and had to acquire prosthetics. He claimed compensation of Rs. 16 lakhs under Section 166 of the Motor Vehicles Act, 1988 apart from obtaining an amount of Rs. 25,000/- from the Insurance Company which had insured the trailer under Section 140 of the Act of 1988.

2. This claim application was numbered as MAC








































































































































































































































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