ORIENTAL INSURANCE CO LTD Vs. RADHE LAL SARDUL

JUDGEMENT

(1.) This appeal has been filed by the appellant/insurance company under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the award dated 18.4.2012 passed by First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur (CG) in Claim Case No.145/2010 whereby in injury case the Tribunal has awarded Rs.6.22 lacs with interest @ 6% p.a. from the date of application till realization in favour of the claimant, fastening liability on the non-applicants jointly and severely.

(2.) As per averments made in the claim petition, on 3.10.2007 Radhelal Sardul (claimant), aged 26 years, earning Rs.5000/- per month, was travelling in Jeep bearing No. CG 17 ZT 0189, owned and driven by non-applicant No.1, and was going from Jagdalpur to Bastar. However, due to rash and negligent driving of the said vehicle by nonapplicant No.1, it turned turtle and Radhelal suffered grievous injuries, he was admitted in Maharani Hospital, Jagdalpur, thereafter in Vardan Hospital, Raipur and then shifted to hospital at Vishakhapattanam. At the time of accident, the offending vehicle was insured with nonapplicant No.2/appellant herein.

(3.) On claim petition being filed by the injured claimant under Section 166 of the Act claiming compensation to the tune of Rs.13 lacs, the Tribunal considering the evidence led by both the parties by the impugned award granted compensation in favour of the claimant as mentioned above.