THE ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS DIVISIONAL MANAGER Vs. CHANDRA PRAKASH S/O LATE DAYA RAM AND AJIT SINGH S/O SHRI BAHADUR SINGH

JUDGEMENT

(1.) HEARD Sri Pankaj Purohit, counsel for the appellant and Sri Raman Kumar Shah, counsel for the respondent No. 1. This is an appeal filed by the Insurer.

(2.) BY the present A.O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 18.7.2006 passed by Motor Accident Claims Tribunal/District Judge, Pauri Garhwal in Motor Accident Claim Case No. 78 of 1999 Chandra Prakash v. Ajit Singh and Anr.

(3.) ACCORDING to the claimant, he was 45 years of age at the time of accident and employed as a Driver in Uttar Pradesh State Road Transport Corporation and was getting a sum of Rs. 4500/ - per month. On 27.9.98, at about 9.45 a.m. when the claimant was going to Rishikesh from Jhandichaur by driving Bus No. U.M.S. 8365 (hereinafter referred to as the Bus in question), all of a sudden near Gandikhata Police Check Post, a truck being Truck No D.E.L. 4995, which was coming from the opposite direction and being driven rashly and negligently by its driver, dashed the Bus in question. In this accident, the wrist bone of the claimant got broken and he is now unable to make his fist close. His right leg received multi fractures and a rod was put in the leg. The claimant has stated that he has become permanently disabled in driving and has been declared 'unfit for the same work by the Employer. The claimant was admitted in the District Hospital Haridwar, where he remained admitted up to 17.10.1998 from the date of accident. The claimant has submitted that up to now, he has spent a sum of Rs. 2,00,000/ -and the expenses of Rs. 1,00,000/ - is expected.