UNITED INDIA INSURANCE CO LTD Vs. JAI SINGH

JUDGEMENT

(1.) BY virtue of this application, the Appellant United India Insurance Co. Limited seeks permission to lead additional evidence. It wants to prove the report of the investigator forwarded to the Advocate by a letter dated 11.10.2011.

(2.) A perusal of the record shows that the claim petition was filed on 18.09.2009. Before that date AIR (Accident Information Report) had already been filed and its copy was received by the Appellant insurance company. Obviously alongwith AIR copy of the driving license of the driver was also received. In any case a copy of driving license was filed by the Respondent No.1 on 18.09.2009 alongwith the claim petition. The Appellant put an appearance and filed written statement on 28.01.2010. The Appellant had sufficient time to obtain verification report. By an order dated 15.09.2011 the Appellant was given last opportunity to produce its evidence on the next date i.e.31.10.2011. The counsel for the Appellant Insurance Company himself closed the Appellant's evidence on 31.10.2011. In the circumstances, the Appellant has not been able to make out a case for leading additional evidence in appeal.

(3.) THE First Respondent suffered Trochanteric fracture of left femur. He was treated in Orthonova Hospital, where closed reduction (of fracture) was done by internal fixation with five hole with dynamic hip screw with 9.5 mm Richards Screw (Zimmer). THE First Respondent remained on leave from 17.07.2009 to 31.12.2009. Compensation awarded under head (1) and (5) was on actual basis. Considering the nature of the injuries suffered, the period of confinement in the hospital and at home the compensation awarded under heads 2 to 5 cannot be said to be exorbitant or excessive.