NEW INDIA INSURANCE CO LTD Vs. PRAHLAD SAHU

JUDGEMENT

(1.) This is insurer's appeal against the award dated 30.7.2010 passed by the Additional Motor Accidents Claims Tribunal (FTC), Khairagarh (for short 'the Tribunal') in Motor Accident Claim Case No. 44 of 2007.

(2.) As against compensation amount of Rs. 24,82,400 claimed by the claimant-respondent No. 1 by filing the application before the Tribunal under section 163-A of the Motor Vehicles Act, 1988 (for short 'the MVA') for the injuries sustained by him in the motor accident on 29.3.2007, the Claims Tribunal awarded a total sum of Rs. 50,000 against the appellant as well as respondent No. 2 along with interest at the rate of 6 per cent per annum from the date of application till its actual payment

(3.) The Tribunal, on a close scrutiny of the evidence led, held: respondent No. ! Prahlad Sahu sustained multiple injuries while driving motor cycle bearing registration No. CG 08-E 8540 on 29.3.2007 resulting in permanent disability to the extent of 70 per cent; appellant New India Assurance Co. Ltd. liable for payment of compensation as it could not prove the violation of policy conditions; liability of the insurance company is to the extent of Rs. 50,000 only; and awarded Rs. 50,000 as compensation along with interest at the rate of 6 per cent per annum from the date of application till its actual payment.