LAWS(UTN)-2006-9-34

UNITED INDIA INSURANCE COMPANY LTD Vs. RAJKUMAR SHARMA

Decided On September 29, 2006
UNITED INDIA INSURANCE COMPANY LTD Appellant
V/S
RAJKUMAR SHARMA Respondents

JUDGEMENT

(1.) THIS is insurer's appeal against the Award dated 24 -03 -2006, passed by the Motor Accident Claims Tribunal, Haridwar.

(2.) THE claimant Rajkumar Sharma preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the injuries sustained by him in a motor vehicle accident. According to the claimant on the fateful day on 2 -122002 at 5.30 PM, the claimant respondent no. 1, was going to his home in Subhashgarh along with one Sri Balvinder Singh. When he reached at Malakpur toll post near Valley Restaurant, opposite party Surendra alias Sadhuram, who was driving LML scooter in rash and negligent manner, dashed the scooter of the claimant due to which the claimant fell down and sustained multiple injuries. The claimant was admitted in the City Hospital, Haridwar where he remained for 10 days. Thereafter the claimant took treatment from Ramkrishan Sewashram Hospital, Kankhal. He claimed a sum of Rs. 7,05,000/ - as com pensation.

(3.) OPPOSITE party No.1 Surendra alias Sadhuram Jain has denied the factum of the accident and has submitted that the compensation claimed is excessive.