DHARMENDRA KUMAR Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mohd. Asim Zulfiquar, learned counsel for the appellant; Shri Rajeev Ojha, learned counsel for the Insurance Company - respondents; and perused the record.

(2.) This appeal, at the behest of the claimants, challenges the judgment and order dtd. 5/9/2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 9, Moradabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 222 of 2009 awarding a sum of Rs.62,624.00 with interest at the rate of 6% p.a. as compensation.

(3.) The brief facts as culled out from the record are that this claim petition is filed by the appellant/claimant for seeking compensation for injuries sustained by him in a road accident. Averments in claim petition are that on 28/9/2008 at 08.00 a.m., appellant was going from his Village Mundhapandey to Moradabad for the work of mason. When he alighted from the bus at Gulababadi, a Motorcycle bearing No. UP 21 G 7562 came from behind which was being driven rashly and negligently by its driver and hit the appellant. Appellant sustained serious injuries and he was admitted in District Hospital. Next day, he was shifted to Shreya Hospital, Moradabad. The appellant regained consciousness after 12 days. It is also averred in petition that the appellant sustained serious head injury due to which he became incapable for feeding his family. Respondents filed their respective written statements and opposed the facts mentioned in claim petition.