ORIENTAL INSURANCE CO. LTD. Vs. SHAMBHISINH MOTISINH LABANA

JUDGEMENT

(1.) In the present appeal, out of the total compensation of Rs. 9,31,000/- awarded by the Motor Accident Claims Tribunal (Aux.) at Godhra, Dist. Panchmahals (hereinafter referred to as "the Tribunal") by judgment dated 30.6.2000 in MACP No. 1227 of 1996, the appellant Insurance Company have challenged only a portion of the award, i.e. Rs. 2,75,000/-, on various grounds.

(2.) As per the facts of this case, on 22.6.1996 the claimant was travelling on his tractor No. GJ-17-T-558 from his village Borkheda to Godhra for the purpose of service of the tractor. In the early morning at abut 07.00 a.m. when he reached near Jekot Police Station and was driving on the correct side of the road, at that time, opponent No. 1 came behind driving his truck No. GJ-16-T-8520 in a rash and negligent manner. The truck was being driven at very high speed and the driver lost control and hit the tractor and trolley from behind as a result of which the claimant fell down on the back of his body and received injuries. He was taken to hospital where he remained admitted for 261 days. The claimant was earning Rs. 1,25,000/- per annum for doing work on tractor on the field of others. As a result of the accident, the claimant sustained paralytic attack because of fracture of back bone and he was paralysed. It is contended that because of this injury the claimant was unable to do his agricultural work and, therefore, claimed compensation to the tune of Rs. 12,00,000/- from the opponent.

(3.) Notice of this claim petition was issued to opponents No. 1 and 2 who did not appear despite service. However, respondent No. 3, i.e. Insurance Company, contested the claim on various grounds.