AMIT JAIN Vs. PURNIMA TIWARI & ORS.

JUDGEMENT

(1.) Appellant/claimant Amit Jain is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Jagdalpur (for short 'the Tribunal') vide award dated 22-09-2009, passed in Claim Case No. 114/2003.

(2.) As against the compensation of Rs. 8,00,000.00 claimed by the appellant/claimant by filing a claim petition under Sec. 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 17-01-2003, the Tribunal awarded a total sum of Rs. 31,930.00 as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Amit Jain sustained multiple serious injuries in the motor accident on 17-01-2003; the drivers of both the vehicles i.e. unregistered Marshall Jeep bearing Engine No.AC-24-K-65760 and Chasis No. 22-K-53187 and Indica Car bearing registration No. C.G. 05/4060 equally contributed to the accident and as such, their negligence was to the extent of 50% each; as the unregistered Marshall Jeep was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Oriental Insurance Company Limited was liable to pay 50% of the compensation assessed to the claimant; though the other vehicle Indica Car was insured on the date of the accident with the New India Insurance Company Limited, but the nature of the injuries sustained by the claimant was not covered under the insurance policy, the New India Insurance Company Limited was not liable to pay the remaining 50% of the compensation assessed to the claimant and the liability in that behalf was of the owner-cum-driver of the Indica Car.