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2018 Supreme(Online)(Cal) 10

IN THE HIGH COURT AT CALCUTTA
Debi Prosad Dey, J
the claimant – Appellant
Versus
the insurer – Respondent


Advocates:
For the Appellant: Mr. J. Mondal
For the Respondent: Mr. Paul

1. The Motor Accidents Claims Tribunal, Nadia was approached by the minor claimant (hereafter 'the claimant'), represented by his father, with a claim application under S.166 of the Motor Vehicles Act, 1988 (hereafter 'the Act'). It was registered as MAC Case No. 391 of 2011. The pleadings therein reveal that consequent to the claimant (aged about 2 years 3 months) being dashed on 28.8.2011 by a truck bearing registration No. WB 53 - A 1304 (hereafter 'the said truck' ), which was being driven rashly and negligently, he sustained severe injury on his right leg and ultimately, to his utter misfortune, had to suffer an amputation at such a tender age. Compensation in a sum of Rs. 15,00,000 was claimed. By its award dated 27.8.2014, the Tribunal decided such application by awarding compensation of Rs. 5,85,000 to the claimant, to be paid by the insurer of the offending truck being the respondent No. 2 before it (hereafter 'the insurer' ) within a month from date failing which such amount would carry interest at the rate of 8 per cent per annum till realization. The claimant, aggrieved by quantification of compensation payable to him, is in appeal before us under S.173 of the Act. The






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