ORIENTAL INSURANCE CO. LTD. Vs. ALLAUDDIN

JUDGEMENT

(1.) THE appellant Oriental Insurance Co. Ltd, insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 7.10.2005 passed by the learned MACT, thereby awarding total compensation in the sum of Rs. 8,39,885/ -. The impugned award has arisen out of the claim petition bearing Suit No. 53/2004 filed by respondent No. 1 against the appellant as well as against respondent Nos. 2 & 3 claiming compensation for the injuries sustained by him in the accident.

(2.) THE brief facts, which are necessary for deciding the present appeal inter alia, are that on 23.8.2001 at about 4.30 A.M. the injured Shri Allauddin, who was employed as a cleaner/helper with M/s. Satpal Freight Carrier was deputed on truck bearing registration No. HR -46 -3702 and met with an accident. When the aforesaid truck reached near Village Dhundhkhera, suddenly the driver of the said truck who was driving in rash and negligent manner rammed into a DCM truck which was parked at one side and due to the said impact Shri Allauddin sustained crush injuries on his left leg resulting in its amputation.

(3.) COUNSEL for the appellant also sought to urge that even the FIR in the present case was lodged at quite late stage which creates suspicion about the involvement of the offending vehicle in the accident in question. Counsel contends that even the driver, owner and insurer of the other offending vehicle were not impleaded in the claim petition by the respondent claimant before the Tribunal and Therefore, the findings given by the Tribunal are bad and unjustified. The contention of the counsel for the appellant is that the driver, owner and insurer of the other vehicle involved in the accident also contributed to the accident and thus were also equally liable. Counsel for the appellant also challenged the authenticity and genuineness of the disability certificate issued from Govt. Hospital at Badau, although the respondent claimant remained under treatment in Hindu Rao Hospital.