JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the Insurance Company/ Appellant and the COT appeal by the Respondent/Claimant/Injured being aggrieved by the judgment and award dated 06th June, 2016, passed by Judge, IXth Bench, City Civil Court, Calcutta and Motor Accident Claim Tribunal in M.A.C.C. No. 56 of 2005, under Section 166 of the Motor Vehicles Act, 1988.

2. The Facts:-

“On 21.9.2004 in between 13.00 hrs to 13.15 hrs 19.15 hrs over J.L. Nehru Road in front of premises no. 38 while the applicant having completed his official duty was in the process of returning to his barrack and was walking from north to south direction keeping extreme left flank of the road, at that relevant time and place, the offending vehicle being a private bus bearing registration no. WBS-3749 was plying along the said road in the same direction at a high speed in a rash and negligent manner and thereby when it reached the place of occurrence, loosing control over the speed and direction, it dashed and knocked down the applicant causing extensive damage and injuries to his person. Immediately thereafter he was removed to and admitted to S.S.K.M. College & Hospital for trea