SANDEEP Vs. NATIONAL INSURANCE CO LTD & ANR

JUDGEMENT

(1.) The appellant was travelling in a car bearing No. UP-81-C-6666 near Meerut on 3rd January, 2000 when the car met with an accident with truck bearing No. HR-38-A-6517 which suddenly drove back without giving any indication, as a result of which, the appellant sustained severe head injuries, fracture frontal bone, fracture orbit, fracture facial, fracture maxilla besides other injuries. Three major surgeries were conducted on the face of the appellant.

(2.) The appellant filed the petition seeking compensation under the Motor Vehicles Act against the owner and insurer of the offending truck.

(3.) The learned Tribunal computed the compensation of Rs. 3,36,473 payable to the appellant. The learned Tribunal held that the drivers of the car as well as the truck were negligent. The learned Tribunal passed an award of the 50% of Rs. 3,36,473 against the Insurance Company of the truck. However, since the driver, owner and Insurance Company of the car were not impleaded before the Tribunal, no award was passed against them with respect to the remaining 50% of the compensation.