NEW INDIA ASSURANCE COMPANY LTD Vs. ASHISH

JUDGEMENT

(1.) The appellant - New India Assurance Company Limited ["the Insurance Company"] assails an award of the Motor Accident Claims Tribunal ["the Tribunal"] dtd. 22/5/2025, by which a sum of Rs.66,33,256.00, alongwith interest at the rate of 7.5% per annum, has been awarded in favour of respondent No. 1 - claimant.

(2.) The facts of the case, as recorded in the impugned judgment, are that the claimant, alongwith others, was travelling to Jaisalmer by road on 19/1/2017. At about 9 P.M., the vehicle lost control, resulting in one fatality, and grievous injury to the claimant. The driver of the vehicle was respondent No. 2 herein. The claimant, who was then 20 years of age, sustained injuries to both his legs, resulting in a disability of 75% in both lower limbs. He placed on record a disability certificate to this effect. It was undisputed that he will remain confined to a wheel chair for the rest of his life.

(3.) The Tribunal has returned a finding that the injuries sustained by the claimant were on account of rash and negligent driving of the vehicle, which was admittedly covered by a policy issued by the appellant - Insurance Company.