NATIONAL INSURANCE CO LTD Vs. VINOD KUMAR SINGH

JUDGEMENT

(1.) The present Appeal has been filed against the judgment and order award dated 18.3.2010 passed by the Motor Accidents Claims Tribunal, Jaunpur in Motor Accident Claim Petition No. 132 of 2004 filed by the claimant-Respondent Nos. 1 and 2 on account of the injuries sustained by the claimant-Respondent No. 1 (Vinod Kumar) in an accident which took place on 5.11.2003 at about 11.45 a.m.

(2.) It was, inter alia, averred in the Claim Petition that on 5.11.2003 at about 11.45 a.m., the claimant-Respondent No. 1 was going from Baksha to Jaunpur on Jeep bearing Registration No. UTO-4254; and that as soon as the Jeep reached near Kalichabad bypass, the driver of the Jeep suddenly lost control over the Jeep, and driving negligently, he collided with a tree on the right hand-side of the road as a result of which, the right tire of the Jeep burst, and the passengers sitting in the Jeep fell on the ground and the claimant-Respondent No. 1 also sustained injuries; and that the claimant-Respondent No. 1 was admitted in the District Hospital, Jaunpur; and that considering the serious condition of the claimant-Respondent No. 1, he was referred to Alakhnanda Hospital, Varanasi where he was treated for one and a half month; and that as there was no improvement in the condition of the claimant-Respondent No. 1, he was referred to the Post Graduate Institute, Lucknow where his Spiral Cord was operated upon but even thereafter the claimant-Respondent No. 1 could not get any relief; and that as a result of the injuries sustained by him, his both hands and legs became paralyzed; and that on account of the injuries sustained by the claimant-Respondent No. 1, his teaching work was also stopped.

(3.) Copy of the Claim Petition has been filed as Annexure-1 to the affidavit accompanying the stay application filed with the Appeal.