ORIENTAL INSURANCE COMPANY LIMITED Vs. BHOOP SINGH

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company against the judgement dated 18th November, 1988 of the learned Motor Accident Claims Tribunal by which he awarded Rs. l,60,000.00 to respondent No. 4. He also awarded interest at the rate of 12/o per annum on the amount of Rs. 90.000.00 awarded as special damages in this case to the respondent from the date of the petition.

(2.) The brief facts from which this claim petition arose are that on 18th March, 1982 at about 10.15 AM respondent Vinod Kumar Mittal was driving his motor cycle DEX 561) on Ring Road. When he arrived near Hot Mix Plant, a truck bearing No. DHL 7165 coming in the wrong direction from opposite side dashed against the motor cycle as a result of which respondent fell on his left side and suffered injuries. The respondent had stated that he had become crippled and sustained permanent disability due to which he could not walk normally and also could not lift weight with his hands and that he had to walk with the help of crutches. He also alleged that his leg had been shortened by about 1". His statement was also supported by medical evidence.

(3.) The main ground pleaded in this appeal by the Insurance Company is that the liability of the company under the insurance policy was limited to Rs. 50,000.00 only and, therefore, the finding of the learned Tribunal on specific Issue No. 3 in this respect that the liability was unlimited was wrong.