BONY DUBEY Vs. M/S. SHYAM BIDI WORKS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the judgment and order impugned.

(2.) This First Appeal From Order has been filed under sec. 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant-Bony Dubey, being aggrieved by judgment and award dtd. 05/08/2013 passed by Motor Accident Claims Tribunal, Allahabad (hereinafter referred to as 'Tribunal') in Claim Petition No. 249 of 2010 awarding a sum of Rs.15,72,848.00 with interest at the rate of 6% to the injured.

(3.) The accident having taken place is not in dispute. The appellant having suffered loss of income besides other grievous injuries fracture in Spinal Cord from several places and as such all body parts below waist became senseless and he is on wheelchair is not in dispute. The vehicle being insured with insurance company and there is no breach of policy condition is not in dispute. The accident occurred way back in the year 2010 is not in dispute. The involvement of the vehicle is not in dispute and it is proved before the Tribunal that the driver was negligent.