ORIENTAL INSURANCE CO LTD Vs. MAHESH KUMAR

JUDGEMENT

(1.) THESE two Appeals (MAC APP.635/2011 and MAC APP.1175/2011) arise out of a judgment dated 04.04.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.23,00,263/- was awarded in favour of Mahesh Kumar for having suffered injuries in a motor vehicle accident which occurred on 22.02.2009.

(2.) FOR the sake of convenience, the Appellant Oriental Insurance Company shall be referred to as the Insurance Company and the Cross Objectionist (MAC APP.1175/2011) shall be referred to as the Claimant.

(3.) ON appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the truck No.HR-39D-1724 by Som Dutt (the Second Respondent). Finding on negligence is not challenged by the The compensation of Rs.23,00,263/- Insurance Company. awarded by the Claims Tribunal is tabulated hereunder:-