NEW INDIA ASSURANCE CO LTD Vs. TIRATH RAJ

JUDGEMENT

(1.) Heard learned counsel for the insurer appellant.

(2.) The appellant feels aggrieved by the award of Motor Accidents Claims Tribunal determining an amount of Rs. 1,60,000 (rupees one lakh sixty thousand) to which the injured Tirath Raj was found entitled on account of injury caused to him in an accident involving the offending motor vehicle, a truck bearing registration No. MKD 9250 which was insured with the present appellant covering the risk.

(3.) The claim petition has been filed by the victim Tirath Raj with the allegation that on 13.9.1997 he was driving truck No. MP 15-D 3637. He was on the way to Indore. When he reached within the territory of Police Station, Bhaurasa Urnia, District Dewas, truck No. MKD 9250 came rashly and negligently from the opposite direction and dashed it as a result of which the driver Tirath sustained injuries. His left leg was damaged and right leg was crushed in pieces. His medical treatment was going on in Indore and ultimately in Swarup Rani Nehru Hospital at Allahabad where Chief Medical Officer certified that 50 per cent disability had occurred to the victim.