ORIENTAL INSURANCE CO. LTD. Vs. MANOJ JAIN

JUDGEMENT

(1.) These two appeals - one by Oriental Insurance Company Limited ["the Insurance Company"], and the other by Mr. Manoj Jain, who was the claimant before the Motor Accident Claims Tribunal ["the Tribunal"] - are directed against an award dtd. 21/5/2024 passed by the Tribunal in Suit No. 653/10/09. The proceedings before the Tribunal arose out of a road traffic accident on 20/12/2008, in which, the claimant was injured. By the said award, the Tribunal awarded a compensation of Rs.69,03,713.00, alongwith interest at the rate of 9% per annum, in favour of the claimant.

(2.) The facts relating to the accident, as they appear from the impugned award, are that the claimant, alongwith a pillion-rider, was riding a motorcycle [bearing registration No. DL-7SZ-0755]. On 20/12/2008, at about 9 PM, at a location near Gupta Market Bus Stand, Lajpat Nagar, the motorcycle was hit by a truck [bearing registration No. HR-38-R-7155] ["the offending vehicle"]. Both passengers on the motorcycle suffered grievous injuries. The claimant's right leg was crushed under the wheel of the offending vehicle.

(3.) The accident resulted in registration of an FIR bearing No. 28/2009, in Police Station Lajpat Nagar, against the driver of the offending vehicle, under Ss. 279 and 338 of the Indian Penal Code, 1860. A chargesheet was also filed against him.