UNITED INDIA INS CO LTD Vs. GOHAIDA

JUDGEMENT

(1.) This is an Appeal at the instance of the appellant United India Insurance Company Ltd. under Section 173 read with Section 166 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") challenging the judgment and award dated 2nd January, 2012 passed by the Motor Accident Claims Tribunal (Auxi.) (for short "the Tribunal"), at Vadodara Camp at Chhota Udepur in Motor Accident Claims Petition No.1271 of 2005.

(2.) The brief facts leading to the present appeal are that, on 24.03.2005, at the relevant time, the appellant after crossing the road was standing aside the road. At that time, the respondent No.1 came in a rash and negligent manner diving the Jeep No.GJ-6/K-1243 with excessive speed and dashed the Jeep with the appellant. As a result, the appellant fell down and sustained grievous injuries on head, right leg and jaw. Initially, the Jeep driver took him to the nearest Civil Hospital, but, since the injuries were serious in nature, he was referred to SSG Hospital and admitted as I.P. from 24.03.2005 to 12.04.2005 i.e. for 18 days. After discharge, he had to take outdoor treatment for a considerable period. That the accident injuries were likely to result in permanent bodily disablement. He has to incur huge expenses towards treatment. Hence, the appellant claims Rs.3,00,000/- by way of compensation under different heads.

(3.) The Tribunal by the impugned judgment and award awarded compensation of Rs.1,72,000/- alongwith proportionate costs and interest @ 7.5% p.a. from the date of filing the claim petition till realization and directed the respondents to pay the compensation jointly and severally.