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2024 Supreme(Cal) 883

SHAMPA DUTT (PAUL)
Bablu Das Bairagya – Appellant
Versus
Dibakar Mukherjee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sattwik Bhattacharya.
For the Respondent: Mr. Rajesh Singh, Mrs. Sucharita Paul.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimant (injured) being aggrieved with the judgment and order dated 15th February, 2012, passed by the learned Judge, M.A.C. Tribunal, Durgapur, in M.A.C. Case No. 146 of 2008, under Section 163A of the Motor Vehicles Act, 1988.

2. Facts :-

    “The case of the petitioner in short is that he was the driver of bus bearing no. WB-53-5502 and the said bus was proceeding from Bolpur to Bankura and when the said bus reached at Four Mile on Moregram Panagarh Road one truck bearing no. WB-23B-0478 which was coming from the opposite direction in a very high speed and negligent manner dashed the bus which was being driven by the claimant. As a result of such collision the claimant was seriously injured and his right leg sustained fracture injury and during treatment his right leg was amputed. Further case of the claimant is that due to such amputation he sustained permanent disability and lost his service as driver. Further case of the claimant is that at the time of accident he was aged about 41 years and used to earn salary amounting to Rs.3300/- per month and at the relevant point of time the bus was covered by th

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