SH KALE RAM Vs. AJAY

JUDGEMENT

(1.) The present appeal has been preferred by the appellant under Sec. 173 of the Motor Vehicle Act, 1988 against the award dtd. 31/1/2013 ("impugned award") passed by the Motor Accident Claims Tribunal, Patiala House Court, New Delhi.

(2.) By way of the impugned award, the learned Claims Tribunal awarded a compensation of Rs. Rs.2,66,128.00 (Two lakhs Sixty Six Thousand One Hundred and Twenty Eight Rupees) with interest @ 9% per annum from the date of filing of petition till the date of realisation. All the respondents (respondent No.1(Driver), respondent No.2(Owner) and respondent No.3(Insurance Company) are held jointly and severally liable for compensating the appellant. Respondent no.3/Oriental Insurance Company Ltd., was directed to deposit the awarded amount along with the prescribed interest before the learned Claims Tribunal. FACTUAL MATRIX

(3.) On the unfortunate day of 22/2/2011, the appellant was hit by the offending vehicle bearing no. HR-38 LT-9158 while he was commuting to office by his motorcycle at Krishna Menon Marg, Delhi. As a result of forceful impact of collision, the appellant sustained grievous injuries for which he underwent medical treatment for non-union of clavicle at Max Hospital, Delhi. Appellant was examined by the Medical Board of Pt. Madan Mohan Malaviya Hospital, New Delhi for ascertainment of disability. Permanent Disability Certificate dtd. 14/11/2011 stating 56% permanent disability in relation to his right upper limb was issued to him and his condition was classified as nonprogressive.