NEW INDIA ASSURANCE COMPANY LTD Vs. DEEPAK KUMAR

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns a judgment dated 03.05.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Suit No.541/09/2008 whereby a compensation of Rs.4,66,800/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 19.08.2008.

(2.) ON 19.08.2008 at about 8:30 A.M. the First Respondent was proceeding to his place of work at Gandhi Nagar. When the First Respondent reached near 4th Pusta, Pusta Road, Usmanpur, Delhi a TSR was proceeding ahead of him. The said TSR suddenly applied the brakes. He (the First Respondent) therefore stopped his bicycle and got dis-balanced. In the meanwhile, a RTV No.DL-IV-7976 which was driven by the Second Respondent in a rash and negligent manner came from behind and ran over his right leg. The First Respondent suffered crush injury on his right foot. He was immediately removed to GTB hospital where he remained admitted from 19.08.2008 to 25.08.2008. An external fixator was applied on 20.08.2008. He (the First Respondent) remained under treatment for nine months.

(3.) ON account of the injuries, the First Respondent suffered 44% permanent locomotor impairment in relation to his right lower limb as stated in disability certificate Ex.PW-1/19, which was issued by the Medical Board of GTB hospital on the directions of the Claims Tribunal.