NATIONAL INSURANCE CO LTD Vs. ASIT KUMAR

JUDGEMENT

(1.) This judgment shall decide the present appeal preferred by the appellant/insurance company in terms of Sec. 173 of the Motor Vehicles Act 1988[1], assailing the impugned judgment-cum-award dtd. 19/2/2013 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, New Delhi[2], whereby the learned Tribunal awarded a sum of Rs.13,28,722.00 in favour of the claimant and fastened the liability upon the appellant/Insurance Company to pay the compensation.

(2.) Shorn of unnecessary details, on 14/3/2008 the respondent/claimant-injured was going to his office situated at Lodhi Road, New Delhi in his car bearing registration No. DL-9CB-4298 at about 10.30 a.m., when the offending vehicle (Tata 407) bearing registration No. DL-lLE-7815 driven by respondent No.2/ driver[3]-Satvinder Kumar in a rash and negligent manner dashed into his car causing grievous injuries to him. Subsequently, an FIR No. 65/2008 was registered under Sec. 279/338 of Indian Penal Code, 1860[4] at PS Lodhi Colony, New Delhi against the driver.

(3.) The respondent No.1/petitioner was 52 years of age at the time of the accident and was working in the State Bank of Patiala as a Chief Manager, Zonal with a monthly salary of Rs.56,378.00. It is a matter of record that, he had suffered some bodily injuries in 1994 and had undergone total hip replacement for both the hips. After the instant accident, his injuries were diagnosed as 'Periprosthetic fractured leg femur shaft type B-1' on medical examination at AIIMS in terms of the medical report No. 14847 prepared on 14/3/2008 i.e., the date of accident itself.