NEW INDIA ASSURANCE CO LTD Vs. LEKH RAJ

JUDGEMENT

(1.) This appeal has been directed against the judgment and award dated 21.2.1990 passed by Motor Accidents Claims Tribunal/II A.D.J., Meerut in Motor Accident Claim Case No. 27 of 1988 awarding a sum of Rs. 80,000 along with interest at the rate of 12 per cent per annum on account of injury sustained by claimant in motor accident.

(2.) On 18.10.1985 claimant, Ex-Captain of the military service was corning from Begum Bridge side on a cycle and going towards Shastri Nagar in Meerut City. At about 12 noon near Prayag Nursing Home a car No. UHO 131 owned by appellant No. 2 and insured with appellant No.1 due to rash and negligent driving of the driver dashed against the claimant, due to which he fell down on the road and sustained injuries. He was treated in the hospital till 14.12.1985, but still could not be cured. His hip-bone was fractured and one of his leg had shortened by 21/2 inches. He also took prolonged treatment in B.H.U. and another hospital.

(3.) The claimant filed claim petition for Rs. 3,05,000.