RAJESH VERMA Vs. ARVIND KUMAR AHERWAR AND ORS

JUDGEMENT

(1.) Appeal from order has been preferred against the judgment and award dated 28.10.2015 passed by Motor Accident Claim Tribunal/5th Additional District Judge, Dehradun in claim petition no.281 of 2012, whereby the learned Tribunal has partly allowed the claim petition against the respondent no.3/ICICI Lombard Company Ltd. for an amount of Rs.7,19,928/- along with 9% interest from the date of institution of the claim petition till the date of realization.

(2.) Brief facts, of the case are that the claimant/appellant on 20.5.2012 on his motorcycle no.U.K.08-T/3936 was going to serve the warrants. While he was going through his motorcycle from P.S. Kakroli, District-Muzaffarnagar with one constable Suresh Meena who was also sitting on his motorcycle, at about 12:30 noon when they reached at Maurna Jansath Road near Village Chaurawala, then the car no.U.P.93-AB/7365 coming from opposite side driven by its driver rashly and negligently, dashed the motorcycle of the claimant and due to the accident the claimant fell down from the motorcycle and the motorcycle of the claimant was pulled up more than 20 meters by the car. In the accident, the claimant sustained serious injuries and his right hand was fractured and left shoulder was also damaged then he was taken to the Government Hospital, Muzaffarnagar. Considering the seriousness of the injuries, he was referred to the higher centre Muzaffarnagar where he got admitted in Bhagyashree Hospital, Meerut and remain admitted from 23.5.2012 to 27.5.201 Thereafter, he was admitted in Sar Ganga Ram Hospital, New Delhi. Due to the injuries sustained by the claimant, his left leg was amputated on 29.5.2012 and he remain admitted in Sar Ganga Ram Hospital, New Delhi and spent huge amount of Rs.25,00,000/-. Due to amputation of leg and injury in the right hand, the right hand of the claimant was also not in working condition and he got handicapped certificate. Hence, the appellant is claiming 100% disability.

(3.) It is contended that for implantation of artificial leg, he spent Rs.1,40,000/-. At the time of incident, he was aged about 28 years and was working on the post of Sub-Inspector in Uttarakhand Police and was getting Rs.25,000/- salary per month. It is also contended that due to permanent disability, he is unable to work independently and there is a permanent requirement of one attendant.