NEW INDIA ASSURANCE COMPANY LIMITED THROUGH ITS BRANCH MANAGER Vs. VIRENDRA KUMAR BINJHWAR S/O GORELAL BINJHWAR

JUDGEMENT

(1.) This appeal is by the insurance company under Section 173 of the Motor Vehicles Act, 1988 against the award 21.6.2018 passed by II Additional Motor Accident Claims Tribunal, Korba in Claim Case No.10/2014 awarding total compensation of Rs.26,61,899/- with interest @ 7% per annum from the date of application till realization, fastening liability on the non-applicants jointly and severally.

(2.) As per claim petition, on 1.2.2014 the claimant along with his friend by riding motorcycle bearing No. CG 11/CK 1533 was going from Village-Sarvani, Distt. Raigarh to Sakti. However, on the way, non-applicant No.1 Pawan Singh by driving Trailor bearing No. CG 07 CA 3634 in a rash and negligent manner, dashed the said motorcycle. As a result of this accident, claimant suffered grievous injuries and his left leg above the knee was amputated. The claimant is still undergoing treatment and in future would also require treatment. At the time of accident, the offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.3.

(3.) On claim petition being filed by the injured claimant under Section 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by the parties passed an award as mentioned above.