SHRIRAM GENERAL INSURANCE CO LTD Vs. HANS RAJ

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.02.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.1,10,206/ - along with interest @ 7.5% per annum was awarded in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 10.10.2009 at 9:40 p.m. on account of the rash and negligent driving of delivery van bearing no.DL -1LL -1103 by its driver (Respondent Devender Kapoor).

(2.) THERE is twin challenge to the judgment. First, that the compensation awarded is on the higher side and second, that since breach of the terms and conditions of the policy was established, the Appellant ought to have been exonerated completely instead of merely granting recovery rights to it.

(3.) RESPONDENT Hans Raj in the earlier said accident suffered fracture of both bones of the right leg distal 1/3rd end. He was removed to RML Hospital immediately. He was operated upon and was discharged on 11.10.2009 and thereafter, he remained as an OPD patient.