NATIONAL INSURANCE COMPANY LIMITED Vs. KRISHNAKUMAR KITTU NAIR

JUDGEMENT

(1.) These appeals arise from the common judgement and award dated 27th March 1991 passed by Motor Accident Claims Tribunal [Main], Ahmedabad in M.A.C. Petition Nos. 237 of 1983 and 238 of 1983, holding the appellant original respondent No.3 - National Insurance Co. Ltd. liable to pay Rs.1,62,025=00 together with costs and interest thereon at the rate of 12% per annum from the date of the petition to the claimant of M.A.C. Petition No. 237 of 1983, and to pay Rs.31,150=00 together with costs and interest at the rate of 12% per annum from the date of the petition to the claimant of M.A.C. Petition No. 238 of 1983.

(2.) The accident occurred on 22nd May 1983, at about 8.15 p.m., in front of the entrance gate of the Navrangpura post office on a footpath, when the respondent No.1 - claimant and his wife Ushaben were standing near the footpath with their daughters Daksha and Ami. At that time, one ambassador car bearing registration No. GJD 5856 came at a great speed, driven negligently and dashed against a moped, sugarcane machine and struck against the claimant and his daughter Daksha, and also damaged the compound wall of a nearby bungalow of one Sharadbhai. The respondent No.1 - claimant was admitted in the V.S. Hospital (in the Neuro Surgical Ward), and treated for fracture of ribs and was ultimately discharged on 30-5-1983. Thereafter, he had undergone private medical treatment. According to this claimant, he suffered 40 to 50 per cent permanent disability. A claim of Rs. 2,00,000=00 was made for the permanent disability, Rs.70,000=00 for pain, shock and suffering, Rs.10,500=00 for actual loss of earnings for the period from 22-5-1983 to 6-9-1983, Rs.5,000=00 for transportation charges, Rs.2,000=00 for nutritious diet and Rs.7,900=00 for medicines etc. i.e. in all Rs.3,00,000=00 by way of compensation under all heads.

(3.) The motor vehicle originally belonged to the respondent No.1 and was insured by the respondent No.1 with the appellant - original respondent No.3 - National Insurance Co. Ltd. and also with the respondent No.4 The New India Insurance Co. Ltd. on 29-4-1983 after it was transferred to the deceased respondent No.5 - Swami Narayandasji on 27-4-1983.