ORIENTAL INSURANCE CO LTD Vs. MONTU

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited impugned a judgment dated 06.12.2010 on the ground that the compensation of Rs.2,04,500/ - awarded in favour of the first Respondent Montu was excessive and that the Appellant Insurance Company was not exonerated in spite of the fact that it was proved that the driver Alimuddin Sheikh (Respondent No.2) did not possess a valid driving licence and the owner Hari Kishan Sharma (respondent No.3) did not have a permit to drive the vehicle.

(2.) ON 15.02.2003 at about 2:15 P.M. the first Respondent was proceeding on his bicycle towards Gian Mandir Road, Jaitpur when he was hit by a truck No.HR -38 -C -7817 driven by the second Respondent in a rash and negligent manner.

(3.) THE first Respondent was removed to All India Institute of Medical Sciences (AIIMS). He suffered very serious injuries in his abdomen, left shoulder, right eye and forehead. He underwent three surgeries in AIIMS. He had to be put on ventilator from 19.02.2003 to 26.02.2003. He remained admitted in AIIMS from 16.02.2003 to 04.03.2003. The Appellant although recovered from the injuries, but suffered partial loss of vision in respect of his right eye. He was issued a Disability Certificate by Hindu Rao Hospital showing that he had suffered 30% partial visual disability.