RATTAN SINGH KHATRI Vs. ORIENTAL INSURANC COMPANY LTD

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.20,000/- awarded in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 16.02.2003.

(2.) AS per the Appellant's case on 16.02.2003 at about 3:15 P.M. he (the Appellant) was proceeding to Alipur on his two wheeler No. DL-6SJ- 0875. After examining a cow in village Bhoregarh, Narela, the Appellant took a turn towards Alipur when he was hit by a speeding Maruti Van No.DL-3CB-9046 which came from the side of Alipur. It was claimed that the Maruti Van was being driven in a very rash and negligent manner and in violation of the traffic rules and regulations. The driver of the Maruti Van was apprehended at the spot and a criminal case FIR No.32/3003 was registered in Police Station Narela.

(3.) THE Claims Tribunal awarded compensation of Rs.20,000/- towards pain and suffering. It rejected the bills for treatment from Apollo Hospital and Bone Joints Care Foundation of India on the ground that no explanation was given for loss of original bills.