RAM SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the claimant/appellant under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement of amount of compensation against the judgment and award dated 08.11.2004 passed by the Motor Accident Claims Tribunal/District Judge, Pauri Garhwal in Motor Accident Claim Case No. 42 of 2002, Ram Singh versus Sri Rashid Contractor and another.

(2.) BRIEF facts of the case giving rise to this appeal are that on 24.03.2001 at about 2.00 p.m.; truck bearing registration No. UTS 1314 was carrying sand in Janki Nagar, Kotdwara. The sand was wetted, hence the body of the truck became wetted. The claimant/appellant was working as conductor/helper in the said truck. During the course of unloading the truck and covering its body by wooden sheet, one wooden sheet touched the electric line and he became injured by electric current. The appellant immediately got admitted in the Government Hospital, Kotdwara for treatment and thereafter he was taken to Tulsi Nursing Home, Meerut and then he was shifted in Srivastava Orthopaedic Hospital, Dehradun for better treatment. The appellant was 26 -year -old at the time of accident and he was getting Rs. 2000/ - per month as salary. The said truck was insured with Opp. party/respondent -New India Assurance Company on the date of accident. It was alleged that his left leg was amputated and on his treatment he has spent more than Rs. 2 lacs. The claimant/appellant filed the claim petition before the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) for compensation amounting to Rs. 6,00,000/ -.

(3.) THE opposite parties contested the claim petition before the Tribunal. The opposite party No.1 -owner of the offending Truck filed his written statement and stated that on the date of accident, the truck was insured with the New India Assurance Company and all the documents regarding registration and insurance were valid. If any liability for payment of compensation is fixed, that shall be borne out by the Insurance Company.