SHANKAR DUTT Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under section 173 of Motor Vehicle Act 1988, is preferred against the judgment and award dated 02.03.2012 passed by the Motor Accident Claim Tribunal/Additional District Judge, Kotdwar, Pauri Garhwal in MAC Case No. 50 of 2005, allowing the claim petition of the claimant/appellant to the tune of ? 4,77,823/- along with 4%.

(2.) Facts, in brief, are that on 09.11.2004, appellantclaimant (injured) was going to Motadhak from Kotdwar through his motorcycle; jeep no. UP06-0915, coming from Motadhak, which was allegedly driven by its driver rashly and negligently hit the claimant, on coming from wrong side, due to which appellant sustained serious injuries on his leg; he was taken to Government Hospital Kotdwar, having considered seriousness of injuries he was referred to Himalayan Hospital, Jolly Grant Dehradun; he got admitted there and his right leg was amputated on 13.11.2004, due to amputation of his right leg he become permanently disabled and unable to do work of carpenter as he was doing prior. It is alleged that during treatment, appellant spent an amount of Rs. 1,50,000/-. Appellant/claimant claimed compensation to the tune of Rs. 18,50,000/-

(3.) Owner of the vehicle and Insurance companies filed their respective written statement and contested the claim petition.