NATIONAL INSURANCE CO. LTD Vs. BHUWAN CHANDRA GUNWANT

JUDGEMENT

(1.) Both these appeals, under section 173 of Motor Vehicle Act 1988, have been preferred against the judgment and award dated 22.08.2014 passed by the Motor Accident Claim Tribunal/1st Additional District Judge, Nainital in MAC Case No. 85 of 2010.

(2.) Facts leading to filing of the present appeals are that on 02.12.2009, at about 7:30 p.m., claimant- Bhuwan Chandra Gunwant along with his friend, namely, Ramesh Chandra Paldiya was waiting to a vehicle to go to Halduchaur, car no. UA04B-2045, which was being driven by its driver rashly and negligently, hit the claimant who sustained serious injuries on his both legs; he was taken to Krishna Nursing Home Haldwani where he got primary treatment, and referred to Bareilly; claimant got admitted at Ishan Hospital Rampur Garden, Bareilly, after operation his both legs were amputated from knee. According to the claimant, he remained hospitalized w.e.f 03.12.2009 to 02.01.2010 and spent about Rs. 7,00,000/- in his treatment. Due to amputation of his both legs, he became 100% disabled. Claimant was engaged in transport business, aged about 38 years and was earning Rs. 12,000/- per month. FIR dated 15.12.2009 has been lodged against the driver of the car.

(3.) Owner and driver of the vehicle filed their written statements denying most of the averments of the claim petition. It is stated that his friend, namely, Durga Singh Mehra was driving the vehicle, just to save the buffalo, accident was occurred. It is further stated he himself took injured to the hospital and provide assistance of Rs. 5000/- to him and gave information of the accident at Gadarpur Police Station. It is also stated that driving license of Durga Singh Mehra was valid and the vehicle was plied with relevant papers; vehicle was insured with National Insurance Co. Ltd., w.e.f. 02.09.2009 to 01.09.2010, and, compensation, if any, is liable to be paid by the Insurance Company.