UNITED INDIA ANSURANCE COMPANY LIMITED Vs. OM PRAKASH

JUDGEMENT

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

(2.) The appellant has filed the present appeal under section 173 of the Motor Vehicles Act feeling aggrieved by the award of the Motor Accidents Claims Tribunal, determining an amount of Rs. 1,70,000 as just compensation to which the dependants of the deceased were found entitled to on account of his untimely death in an accident involving the offending motor vehicle, a bus bearing registration No. UP 13 B-8982 which has been insured by the present appellant covering the risk.

(3.) The Motor Accidents Claims Tribunal on a careful consideration of the evidence and materials brought on record had come to the conclusion that the grievous injuries were caused to the claimant in the accident. His big toe of the left leg had been completely destroyed and the two small toes of the left leg adjoining the big toe were amputated. An iron rod had been inserted in the left leg which had been broken in the accident. The extent of permanent disability was found to be 20 per cent. The injured was found to be aged about 54 years at the time of accident. The Tribunal on a careful consideration of the income, etc., of the deceased at the time of accident awarded an amount of compensation of Rs. 1,70,000 which included the cost of medicines and other expenditures made by the appellant.