NARESH GUPTA Vs. NEW INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the final judgment and order dtd. 8/7/2024 passed by the High Court of Madhya Pradesh, Bench at Gwalior, in Miscellaneous Appeal No. 952 of 2006, whereby the High Court dismissed the cross-objections filed by the appellants for enhancement of compensation and maintained the award of Rs.2,08,380.00 passed by the Motor Accident Claims Tribunal (MACT), Gwalior.

(3.) The factual matrix of the case is that on 22/5/2003, the deceased, Sunil Gupta, aged 22 years and a student of the first year of Master of Computer Applications (MCA) at ITM College, Sitholi, was riding pillion on a scooter. While proceeding towards Gwalior city, an Ambassador car bearing registration No. USX 4222, driven rashly and negligently from the wrong side, collided with the scooter at the Vicky Factory intersection. The impact of the collision resulted in Sunil Gupta sustaining a severe fracture below the knee of his left leg and a ruptured vein leading to profuse bleeding. He was initially treated at JA Group of Hospitals, Gwalior, and subsequently referred to hospitals in Delhi, including AIIMS. During the prolonged course of his treatment, it was discovered that the deceased suffered from hemophilia, a condition where blood fails to clot normally, necessitating the administration of expensive anti-hemophilic factor units. Despite multiple surgeries, skin grafting, and extensive medical intervention, Sunil Gupta succumbed to his injuries on 22/12/2003.