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2012 Supreme(Gau) 62

SUBHASIS TALAPATRA
Ratan Ghosh – Appellant
Versus
Kankan Dhar – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Mr. P.K. Pal, Advocate
For Respondents/Defendant:Mr. K. Bhattacharjee, Advocate for the Respondent No. 2

ORDER

Hon'ble Mr. Justice S. Talapatra

1. Heard Mr. P.K. Pal, learned counsel, appearing for the appellant as well as Mr. K. Bhattacharjee, learned counsel, appearing for the respondent No. 2. None appears for the respondent No. 1.

2. The appellant suffered 40% permanent disablement in a motor vehicular accident. The said accident occurred on 13.12.1999 for rash and negligent driving of the offending vehicle No. TR-01-1421 as owned by the respondent No. 1. Since the appellant could not avail any treatment at Agartala, he was taken to Kothari Medical Center at Kolkata for his treatment as he suffered serious injuries. He was treated in the said Kothari Medical Center from 15.12.2000 to 27.02.2000 as an indoor patient. His treatment continued even thereafter.

3. The appellant filed an application under Section 166 of the Motor Vehicle Act claiming compensation for Rs. 25,10,000/-. The learned Tribunal below after recording the evidence, awarded a sum of Rs. 1,10,000/- for medical expenses and another sum of Rs.1,15,000/- for loss of income, mental agony etc. At the time of accident, the appellant was below 40 years. From the certificate dated 03.04.2002 as issued by the Special Medical B









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