NATIONAL INSURANCE COMPANY Vs. MAHENDRA KUMAR AND ORS.

JUDGEMENT

(1.) These are the insurer appeals. Both the appeals are being tried together as similar question of law arises for consideration and the injury was caused on the single accident wherein different claims were filed and the liability were fastened over the Insurance Company. The brief facts of the case are that on 13th February, 2006 the claimants Girvar Sahu and Bhoj Bai along with other persons boarded the offending vehicle TATA 207 bearing No. CG 04 J 2209. They were going to Ratanpur Mahamaya Temple from village Bhardakala. The said vehicle was being driven by Mahendra Kumar @ Rajju and the owner of the vehicle is Sunil Kumar Choubey. According to the claim petitions, at about 12.30 in the night when the vehicle reached near Gadariya canal, at the time, another Truck was coming from opposite side and in order to give him side, the driver of the offending vehicle, Mahendra Kumar, could not control the vehicle whereby by the vehicle over turned in the canal. Thereafter, the applicants were admitted to the Hospital.

(2.) It was the case of Girvar Sahu that he sustained injury on his right hand and shoulder, which was broken and also sustained severe injuries on his head. He was admitted to the Hospital from 26th February, 2006, 24th March, 2006 and after the treatment, he became permanently disable and which caused a loss of earning. It was stated that he was earning Rs. 90 per day and could not work for 7 to 8 months, apart from the medical expenses for a claim of Rs. 70,000 a total amount of Rs. 4,91,600 was claimed.

(3.) Likewise in case of Bhoj Bai, it was stated that by such accident her fingers were fractured and also shoulder was fractured. It was also stated that she also sustained injury on his head and in order to get her treated, she admitted to the Hospital from 15th February, 2006 to 21st February, 2006 at Rajnandgaon. Further, it was stated that for the medical expenses Rs. 50,000 was incurred. It was also stated by her that she was a labour and she used to earn Rs. 80 to 90 per day and because of injury, she could not work for 7 to 8 months and as such, an amount of Rs. 3,71,600 was claimed.