THE ORIENTAL INSURANCE CO. LTD. Vs. RANJAN HALDHAR

JUDGEMENT

(1.) By this instant appeal, the Insurance Company has challenged the legality, validity and propriety of the impugned award dated 29/06/2013 passed by Motor Accident Claims Tribunal, South Bastar Dantewada, C.G. (hereinafter referred to as 'Claims Tribunal') in Claim Case No.354/2011, whereby the learned Claims Tribunal partly allowed the claim application of the claimant and awarded a total sum of Rs. 10,83,672/- as compensation on all heads.

(2.) Brief facts for disposal of this appeal, are that, the claimant was working with Shivdas Singh, contractor as office clerk (Munshi). Shivdas Singh was a contractor working with the Essar Steel Company, Bacheli, District Dantewada. On 27/08/2009, at about 2.45 pm, when the claimant was travelling on a Mahindra Scorpio Jeep bearing registration No. C.G./18/D/0639 (hereinafter referred to as 'offending vehicle') driven by respondent No. 2, namely Govind Kumar Thakur and owned by respondent No. 3, namely Shivdas Singh and going for the work of his employer-Shivdas Singh, at that relevant time, due to rash and negligent driving of respondent No. 2, the offending vehicle met with an accident and dashed the electric pole. The electric pole fell down over the roof of the offending vehicle and the claimant sustained severe lacerated wound over his head. The claimant was immediately taken to District Hospital, Dantewada where he was given primary treatment and thereafter looking to the severeness of the injury sustained by him, he was refereed to the Maharani Hospital, Jagdalpur where he was admitted on 27/08/2009 at about 8.00 pm and during his examination, following injuries have been found on his body :-

(3.) Looking to the seriousness of the injury sustained by the claimant, his employer-Shivdas Singh took him to the Seven Hills Hospital at Visakhapatnam for best treatment where he took treatment as in patient from 31/08/2009 to 19/09/2009 and also undergone surgery. The claimant even after getting the best treatment of his reach, he could not cure fully, but he become bedridden due to the injuries sustained by him and he was unable to move as well. Subsequently, he was examined by the District Medical Board, Dantewada where he has been declared to be 75% permanent impairment with a note that on the date of examination, the claimant was unable to stand and walk without support. This was the condition of the claimant even after taking the best treatment and getting himself examined before the District Medical Board on 18/04/2004.