ORIENTAL INSURANCE CO LTD Vs. SHAHJAD AHMED

JUDGEMENT

(1.) THIS appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, (hereinafter referred as Act of 1988) is directed against the award dated 19-1-2006 passed by the Motor accident Claims Tribunal/additional District judge/1st F. T. C. , Roorkee in M. A. C. Case no. 56 of 2004 whereby the claim of the claimant was allowed for an amount of compensation to the tune of Rs. 6,65,800 and the appellant-Oriental Insurance Company limited was directed to pay the same.

(2.) THE claimant had filed a claim petition for compensation of Rs. 15,70,000 before the tribunal alleging therein that on 18-12-2003 he was going to his shop at Ajad Nagar Chowk by his Scooter bearing No. UP10c-2055. When he reached near his shop at about 5. 30 p. m. , an Ambassador Car bearing No. UP10c-8711, being driven by its driver rashly and negligently, dashed his scooter resulting multiple injuries on the person of the claimant-Shahjad Ahmad. The claimant-Shahjad Ahmad was firstly given medical treatment in Parash Nursing Home, roorkee and thereafter he remained admitted in the Hospital of Mukesh Jain, Muzaffarnagar from 21-12-2003 to 26-12-2003. It was also alleged in the claim petition that the claimant had also undergone medical treatment in All india Institute of Medical Sciences, New Delhi and had incurred a sum of Rs. 1,25,000 towards his medical treatment. It was further alleged thatthe claimant-Shahjad Ahmad was 30 years of age at the time of accident and was earning a sum of Rs. 80,000 per annum from medical store and STD/pco.

(3.) THE Insurance Company contested the claim petition. The Insurance Company in its written statement denied the averment made in the claim petition for want of knowledge. However, it was pleaded thatthe Ambassador car bearing No. UP1 OC-8711 was insured with it at the time of accident; the accident occurred due to rash and negligent driving of the scooter; the driver of the Ambassador Car was not holding valid driving licence at the time of accident; and the car was being plied against the terms of the insurance policy.