LAWS(DLH)-2014-2-278

ORIENTAL INSURANCE CO. LTD. Vs. CHHOTE LAL

Decided On February 24, 2014
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
CHHOTE LAL Respondents

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 19.03.2010 whereby, the learned Tribunal has granted compensation for a sum of Rs.1,74,000/ - with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(2.) BRIEF facts of the case are that on 29.01.2007, at about 7.00 p.m., the respondent No.1/claimant was returning to his house on foot from Gopal Pur and when he reached near Gali No.1, Gopal Pur, suddenly the offending ,,red colour maruti car bearing no. DL -6CD -0002 being driven by respondent No.2/Satender Singh in a rash and negligent manner, hit the respondent no. 1 from behind with a great force. Due to the forceful impact, the respondent No. 1 fell down and sustained multiple injuries. His son Mithlesh, who was accompanying him, removed him to the Trauma Center.

(3.) FURTHER the case of the respondent no.1 before the Tribunal was that he was 50 years of age at the time of accident and being a rickshaw puller by profession he was earning Rs.6,000/ - per month. It was stated that due to the injuries sustained by him in the accident, he had suffered a permanent disability to the extent of 20% of the right leg. He further stated that due to the injuries sustained by him in the accident, he suffered pecuniary and non -pecuniary losses.