ICICI LOMBARD GENERAL INS. CO. LTD Vs. NAHID

JUDGEMENT

(1.) Instant appeal is preferred against award dtd. 16/12/2022, passed in Motor Accident Claim Petition No.19 of 2019, Nahid Vs. Shri Subhash Chawla and others, by the court of Motor Accident Claim Tribunal/Additional District Judge, Kotdwar, District Pauri Garhwal, by which, the appellant has been directed to pay compensation of Rs.28,26,645.00 along with interest to the respondent no.1/Nahid ("the claimant").

(2.) Heard learned counsel for the parties and perused the record.

(3.) The claim petition has been filed by the claimant Nahid through his guardian and next friend on the ground that on 19/10/2015, he along with one Nazir Hussain was waiting for a bus to go to Dehradun when suddenly, a car bearing registration No. UK07 AM 3525 ("the car") approached them from Dehradun side in a very rash and negligent manner. The car hit a scooter and, thereafter, the claimant and one Nazir Hussain were hit. Nazir Hussain died during treatment. The claimant sustained injuries. At the relevant time, the claimant was 32 years of age and working in Saraswati Printing Press, Dehradun and doing book binding, printing, etc. Due to accident, he became permanently disabled; he is mentally unwell now. He was earning about Rs.11,000.00 per month.