ORIENTAL INSURANCE CO LTD Vs. D. K. JAIN

JUDGEMENT

(1.) This common judgment shall decide the cross-appeals instituted by the appellant/parties herein under Sec. 173 of the Motor Vehicles Act, 1988[1] challenging the impugned judgment-cum-award dtd. 6/3/2017 passed by the learned Motor Accident Claims Tribunal, Shahdara, Karkardooma Courts, Delhi [2] in MACP No. 87/2012[3] titled as 'D.K. Jain. Vs. Nadeem and Ors. ' to the extent of quantum of compensation awarded by the Learned Tribunal.

(2.) Briefly stated, Mr. D.K. Jain/claimant, aged 62 years at the time of accident, filed a claim petition for compensation before the Ld. MACT after sustaining severe injuries in a motor accident dtd. 19/8/2011 between 12.30 PM and 1.30 PM at Kankar Khera, Meerut, Uttar Pradesh, when one truck bearing No. HR-38K-1878 (hereinafter 'the offending vehicle') being driven rashly and negligently by one Mr. Nadeem (hereinafter 'driver of the offending vehicle') hit a car bearing No. DL-7CK-7689 that was being driven by the claimant.

(3.) The appellant claimant D.K. Jain instituted a claim petition under Sec. 166 read with Sec. 140 of the Motor Vehicles Act, 1988, claiming that the accident caused a depression in the head (skull) of the claimant due to which he had to undergo severe surgical treatment including bone fixation by a titanium skull. However, the surgery could not repair the temporal depression. Thereafter, he was on RIT feed for a long time and had also developed respiratory distress due to which he was kept on ventilator support from 20/8/2011 till 27/8/2011. On 7/9/2011, he recovered from the state of unconsciousness and was shifted to Bhagya Shree Hospital where he remained admitted from 12/9/2011 till 21/9/2011 and again from 23/9/2011 till 6/11/2011. It is stated that the claimant has also undergone Kerala Ayurvedic Therapy and is still under treatment that requires regular medical check-ups. It is further stated that he is rendered mentally inactive, suffers from memory loss, walks abnormally, and has lost four front teeth, as well as, much of his eyesight due to the injuries sustained in the accident.