NEW INDIA ASSURANCE COMPANY LTD; SATYA PRAKASH TYAGI Vs. SATYA PRAKASH TYAGI AND ANR; NEW INDIA ASSURANCE COMPANY LIMITED AND ANR

JUDGEMENT

(1.) Since these appeals arise out of same judgment and award and similar controversy is involved, therefore, they are being decided by this common judgment and order.

(2.) These appeals, under Section 173 of Motor Vehicles Act, 1988, have been preferred against the judgment and order dated 17.4.2006 passed by Additional Sessions Judge/First Fast Track Court, Roorkee, District Haridwar, in MAC Petition No. 75 of 2003, Satya Prakash Tyagi v. Parvinder Kumar and Anr.

(3.) Brief facts of the case as narrated in the claim petition are that on 12.11.2002 at about 11.00 a.m. claimant-Satya Prakash Tyagi by his scooter No. UGX-4439 was going to Civil Court for doing pairavi in the cases. During the way near Gas Plant, in front of B.H.E.L. Police Chowki, a Tata Indica Car No. UA-08-6062 dashed claimant-injured as a result of which he sustained injuries. The claimant injured was rushed to B.H.E.L. Ranipur Hospital but doctors refused to treat the claimant. Thereafter, claimant-injured was taken in Kasturi Nursing Home, Roorkee, where after primary aid he was referred to Muzaffarnagar. Due to said accident claimant-injured received a fracture in his left leg, finger of left hand and injury in ribs. He remained hospitalized for a period of 5 days. The claimant has pleaded that about Rs. One Lac was expended on his medical treatment, which is still going on. The car was being driven by Parvinder Kumar, who himself was the owner of vehicle. The claimant claimed a sum of Rs. 14,81,487/- as compensation against opposite parties.