NEW INDIA ASSURANCE CO. LTD Vs. JAGDISH CHAND

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. impugns a judgment dated 31.08.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.5,79,173/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 16.02.2006.

(2.) THE finding on negligence is not challenged by the Appellant.

(3.) PER contra, the learned counsel for the First Respondent states that he (Respondent No.1) suffered very serious injuries, that is, as many as eight fractures on various parts of the body. He remained admitted in Indraprastha Apollo Hospital for about 80 days and remained confined to the bed for over a year. The compensation awarded is just and reasonable. It is urged that the Appellant failed to prove wilful breach of the terms and conditions of the policy and, therefore, the recovery rights were refused.