SUDEEP Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant under Sec. 173 of the Motor Vehicles Act, 1988 against the award dtd. 21/11/2012 passed by Motor Accidents Claims Tribunal (hereinafter referred to as "Impugned Award".

(2.) By way of the impugned Award dtd. 21/11/2012, the learned Claims Tribunal Awarded a compensation of Rs.2,74,336.00 with interest at the rate of 7.5% per annum, out of which an amount of Rs.25,000.00 was awarded vide an interim award. Respondent No 1, The Oriental Insurance Company Ltd, was liable to pay the awarded amount along with the prescribed interest from the date of filing of the claim petition, i.e. 23/1/2012 till its realisation.

(3.) On 21/8/2011, the Appellant, Mr. Sudeep was hit by the offending vehicle while he was driving his motorcycle bearing No DL-4S-AG-7140. The point of collision was the front tyre of the motorcycle of the victim which resulted in him falling off his bike. The Appellant had suffered a fracture in the lower end of his right tibia and remained admitted in the hospital until 26/8/2011 where he underwent a surgery to insert a plate and nail in his leg.