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DEEPAK GUPTA
Ranjit Saha – Appellant
Versus
Branch Manager, New India Assurance Company Ltd. – Respondent
1. This appeal by the claimant is directed against the award dated 16.12.2010 passed by the Learned Motor Accident Claims Tribunal (Court No.3), West Tripura, Agartala in T.S. (MAC) 381 of 1997 whereby he awarded compensation of Rs.65,455/-in favour of the claimant.
2. Briefly stated the facts of the case are that the claimant-appellant filed an application for grant of Compensation under Section 166A of the Motor Vehicles Act (hereinafter referred to as the “Act”) read with Section 163A of the said Act. The petitioner alleged that on 20.10.1996, he along with the son of his employer was travelling in Vehicle no. WB-02-7161. The vehicle was being driven at a high speed. When the vehicle reached near Bagma, it hit a tree on the side of the road. The petitioner sustained injuries. He was immediately shifted to Udaipur Hospital from where he was referred to G.B. Hospital at Agartala. He remained under treatment at G.B. Hospital for 10 days and was thereafter referred to the S.S.K.M. Hospital, Kolkata for better treatment. According to the appellant, he could not get any bed in SSKM hospital and, therefore, he got himself admitted in Avenue Nursing Home for 21 days.
3. The Motor Acc
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