S.C. Das, J.

1. By this appeal, filed under Section 173 of Motor Vehicles Act, 1988, the appellant, named above, has challenged the judgment and award dated 28.01.2005, passed by the learned Member, Motor Accident Claims Tribunal (Court No. 4), West Tripura, Agartala in case No. TS (MAC) 518 of 2001. Brief facts:

1.1 On 21.03.2001, the appellant was travelling with bus vehicle No. TR01-1335 from Tufanialunga Bus stand to Tulshibati Bus stand (Agartala) and on the way at a place named Subhas Colony, near Salbagan Forest, Range Office, the vehicle met an accident for rash and negligent driving and as a result, the petitioner sustained severe injury on his right knee, right leg, right hand and other parts of the body. Some other passengers also received injury and two of them died. After the accident, Airport P.S. Case No. 05 of 2001 under Sections 279/338 and 427 of IPC was registered on the date of accident and investigation was taken up. The petitioner was taken to G.B. Hospital where he undergone treatment as an indoor patient till 17.04.2001 and thereafter also continued his treatment. His right knee joint was operated and as a result of the injury he lost strength of his r