LAWS(ALL)-2022-4-15

ASHOK KUMAR Vs. CHHINAMALU M.

Decided On April 19, 2022
ASHOK KUMAR Appellant
V/S
Chhinamalu M. Respondents

JUDGEMENT

(1.) Heard Sri B.P. Verma for the appellant, Sri Anubhav Sinha for New India Assurance Company Limited and Sri Ashok Kumar Srivastava for the National Insurance Company Limited.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dtd. 28/10/2013 passed by Motor Accident Claims Tribunal/Addl. District Judge, Court Room No.20, Agra (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 157 of 2010 awarding a sum of Rs.7,38,000.00 with interest at the rate of 7% as compensation.

(3.) The brief relevant facts are that a claim petition was filed by the appellant-claimant, who was injured in road accident and his right leg was amputated. It is averment in plaint that the injured was serving in Indian Navy. On 9/4/2009 he was going with one Satish Kumar on motorcycle bearing no. AP04G 1840 from guard-room to his unit. Motorcycle was being driven by Satish Kumar. A car No.AP31TV-0145 came from opposite direction and by driving rashly and negligently its driver dashed the car with the motorcycle. In this accident, the appellant sustained serious injuries and his right leg was amputated. At the time of accident, he was mechanical engineer in Navy and was getting salary Rs.18,000.00 per month.