THE ORIENTAL INSURANCE COMPANY LTD . Vs. AMARJEET SINGH

JUDGEMENT

(1.) This appeal, under section 173 of the Motor Vehicles Act, 1988, has been preferred by the appellant against the judgment and award dated 15.12.2015 passed by Motor Accident Claims Tribunal/VII Additional District Judge, Dehradun, whereby the Tribunal has partly allowed the claim petition against the appellant The Oriental Insurance Company Ltd. and has awarded a sum of Rs. 4,65,330.00 to the claimants along with 8% interest per annum from the date of filing the claim petition till the date actual payment is made.

(2.) Briefly stated, facts of the case are that the claimant/respondent no.1 was driving the truck no.HR37A-8335 and was going from Gauhati towards Shilchar. When he reached at Lumroman Uncing Road NH-40, another truck bearing registration no.ML05D- 4827 which was coming from the opposite direction and being driven by its driver rashly and negligently, hit the vehicle of the claimant on wrong side, due to which he got multiple fracture on his right leg besides other grievous injuries. Claimant was admitted to Nazareth Hospital Shillong on 12.5.2010. On 13.05.2010 he was flown from Gauhati to Delhi for getting treatment at Dehradun. On 14.5.2010, he reached Dehradun and admitted to Kohli Nursing Home. Claimant alleged that he has suffered permanent disability to the extent of 42% due to the said accident. He further alleged that he is a truck driver by profession and due to permanent disability, he has lost his job and in future also he would not be able to drive any vehicle. He has incurred Rs. 2,00,000.00 on his treatment and would further need about Rs. 1,50,000.00 for future treatment. The applicant was getting Rs. 15,000.00 per month and Rs. 200.00 per day as allowance since he was driver of heavy goods vehicle. With these averments, the claimant/injured filed the claim petition before the Motor Accident Claim Tribunal, Dehradun and claimed a sum of Rs. 7,00,000.00 as compensation from the opposite parties.

(3.) The appellant - The Oriental Insurance Company Ltd. contested the claim petition and filed the written statement. In the written statement, the appellant Insurance Company denied most of the averments of the claim petition due to lack of knowledge.