NATIONAL INSURANCE COMPANY LTD Vs. RAM BAHADUR SHARMA

JUDGEMENT

(1.) HEARD the learned Counsel for the insurer/appellant. The insurer-appellant feels aggrieved by the award of an amount of Rs. 1,34,150/- as compensation together with simple interest at the rate of 9% per annum to the claimant on account of the injuries received by the claimant Ram Bahadur Sharma, who was aged about 38 years at the time of accident, causing permanent disability to the extent of 40% in the accident involving the offending motor vehicle, a Gas Tanker insured by the appellant.

(2.) THE claimant had come up with the case that he met with an accident by the offending vehicle, which was coming from Auraiya side when he was standing on the Kachchi Patari of Auraiya Road causing fracture in his right leg and in spite of long treatment and expending huge amount in his treatment still he could not be recovered. He used to do the work of driving from which he was earning a sum of Rs. 3,000/- per month.

(3.) IT has next been contended by the learned Counsel for the appellant that there was a breach of terms and conditions subject to which the insurance policy had been issued covering the risk.