UNITED INDIA INSURANCE CO LTD Vs. HASMUKH HIRJIBHAI

JUDGEMENT

(1.) Through this appeal, award of the M. A.C.T., Jantnagar, in Claim Petition No.883 of 1998 dated 17/1/2005 is challenged.

(2.) Shortly stated, accident took place on 29/7/1998. Hasmukh Hirji Chauhan was moving on his Luna moped bearing registration No. GJ 10-E 7206 at about 10p.m. towards Three Gates. He was driving his Luna Moped on correct side of the road. Near Grain Market. Bardanwala Road, a tractor bearing registration No. GJ 10-K 165 driven by opponent No.l came from Three Gates Petrol Pump on the wrong side driven rashly and negligently and suddenly turned to Sugar Market. Trolley of the tractor dashed with Luna moped, as a result, the claimant was thrown off the moped, suffered grievous head injuries including fracture of skull, brain, haemorrhage, etc. He was immediately shifted to Irwin Group of Hospitals Jamnagar for treatment. Criminal case was registered with police. He was 40 years old at the time of accident, hale and hearty, only earning member in the family maintaining six members. He suffered fracture of skull, right temporal bone, frontal bone, brain haemorrhage and other bodily injuries; he was an indoor patient from 29/7/1998 to 12/8/1998 and operation carried out. In the absence of facility of Neuro Surgeon in the hospital, he was referred to the hospital of Dr. A.T. Ruparelia, Neuro Surgeon, where he was treated for some time. He suffered permanent disability with no possibility of restoration. Permanent attendant was engaged by him. He was serving with the Posts & Telegraph Department, Central Government getting Rs.4,000 per month by way of salary. On account of this accident, he lost permanent income from salary, suffered great pain and shock. Accordingly, he claimed compensation of Rs.18,80,000 but confined to Rs.15,00,000. Allegation is that the accident took place on account of rash and negligent driving by opponent No.1 while opponent No.2 is the owner of the motor vehicle insured with opponent No.3, therefore, jointly and severally liable to pay the compensation. Opponent Nos.l and 2 filedjoint written statement, Exh.34, denying all the contentions raised by the claimant in the claim petition. Allegation of wrong side, negligent driving, receiving of grievous head i njured with other consequences suffered by claimant have been denied. They also alleged that the claimant was negligent and caused the accident. Opponent No.3 filed separate written statement, Exh.28, denying all the contentions raised by the claimant in claim petition including those relating to rash and negligent driving of the opponent No.l and injuries suffered by the claimant. Consequently, prayed for dismissal of the claim.

(3.) After recording of the evidence and hearing the parties, the Claims Tribunal found the driver responsible for the accident, therefore, awarded compensation of Rs.6,72,000 carrying interest at the rate of 9 per cent per annum from the date of the application till deposit, with proportionate costs. Against this award, present appeal has been filed.