NATIONAL INSURANCE CO LTD Vs. KASAM

JUDGEMENT

(1.) ON 12. 6. 2007 this court passed the following order:

(2.) THIS appeal is directed against the judgment and award dated 15. 4. 2002 passed by motor Accidents Claims Tribunal (Main), Kutch at Bhuj in Motor Accident claim Petition No. 435 of 1996, whereby the said claim petition was allowed and a sum of Rs. 4,22,000 was awarded to the claimants along with interest at the rate of 12 per cent per annum from the date of main claim petition till deposit and with proportionate costs of the proceedings.

(3.) THE appellant herein is the original respondent No. 3, respondent Nos. 1 and 2 are original claimants and respondent nos. 3 and 4 are the original respondent nos. 1 and 2 in the aforesaid claim petition. According to original claimants, Kasam alias Ladha Dosal was serving as a cleaner on truck No. GJ 12-T 7116. On the day of the incident he had gone along with the driver and others to Panandhro Lignite mine to load charcoal. The driver of the truck was driving the vehicle rashly and negligently as a result of which it toppled down into a ditch and said Kasam sustained injuries on his spinal cord, which was broken and he has become completely paraplegic and handicapped. According to claimants, the injured was unable to stand on his legs or move his lower limbs and he was bedridden. The claimants, therefore, filed the aforesaid claim petition claiming compensation in the sum of Rs. 20,00,000 from the original opponents for the injuries sustained by said Kasam. He, thereafter, died on 25. 6. 2000. Learned Tribunal, after hearing the parties, awarded a sum of rs. 4,22,000 as stated hereinabove which is challenged in the present appeal by the insurance company.