NATIONAL INSURANCE CO LTD Vs. KRISHAN MEHTA

JUDGEMENT

(1.) Heard the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 2,39,280 as compensation to the claimant-plaintiff- respondent, a driver of the vehicle, aged about 34 years, on account of his having suffered injuries resulting in permanent disability to the extent of 40 per cent in an accident involving the offending motor vehicle bearing registration No. UHN 2452 insured by the appellant.

(2.) The claim of plaintiff-respondent is that claimant Krishan Mehta was engaged as a driver by defendant-respondent, Arya Central Transport Company through its proprietor Suresh Kumar Agarwal, Transport Nagar, Meerut to drive the aforesaid vehicle. On 12.11.1998 the aforesaid vehicle met with an accident near Modi Nagar while Krishan Mehta was driving the said vehicle in which the claimant and the conductor received serious injuries. The claimant was admitted in the hospital under the supervision of Dr. Ravi Bhagat, who operated his leg and put a plaster over it. The expenditure incurred in the said treatment was paid by the owner of the vehicle, i.e., defendant-respondent. The claimant was getting salary of Rs. 3,000 per month. The offending vehicle was insured with the appellant.

(3.) The Workmen's Compensation Commissioner allowed the claim. The claimant examined himself as PW 1. Dr. R.M. Gupta, Senior Orthopaedic Surgeon, P.L. Sharma Hospital proved the disability certificate issued by him showing that the claimant has 40 per cent disability due to the injuries received in the accident certifying that he cannot perform the duty of driving in future and he also suggested that he should not perform such duty of driving in future which would be better not only in the interest of the claimant himself but the public as well.