Judgment :

Biswaroop Chowdhury, J.

The Appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 26-08-2022 passed by Learned Additional District Judge 2^nd Court Asansol Paschim Bardhaman in MAC Case No-52 of 2016. The respondent no-1/claimants also being aggrieved by the Judgment and Award passed by the Learned Trial Judge has filed a cross objection.

The case of the respondent no-1/claimant before Learned Trial Court may be summed up thus:

On 28/06/2015 at about 17.35 hrs, the victim Suresh Keora was going towards Kulti side from his working place i.e. Kumarpur of Asansol through G.T. Road by riding his Motor Cycle bearing No-WB/44C-0921, in his left side of the road with moderate speed. When he reached near New Road of Neamatpur, under P.S. Kulti at that time, another Motor Cycle bearing No- WB/38J-9128, which was also proceeding in a same direction dashed the side Motor Cycle, from its’ back rashly and negligently, with high speed. As a result of such accident the victim fell down by the side of the road from the Motor Cycle and sustained multiple grievous bleeding injuries all over