NEW INDIA ASSURANCE CO LTD Vs. RAMESH CHANDRA

JUDGEMENT

(1.) We have heard Shri A.A. Khan, learned counsel for the New India Assurance Co. Ltd., the appellant. Shri A.T. Pandey appears for the respondent claimant. The insurance company has filed this F.A.F.O. under Section 173 of the Motor Vehicles Act. 1988. against the award of compensation dated 30th July. 2012 passed by Motor Accident Claims Tribunal/Addl. District and Sessions Judge, Court No. 14, Aligarh awarding compensation of Rs. 3,90,000 with 6% interest towards the injuries caused to the claimant on which he has been rendered 100% disabled for carrying out any gainful employment.

(2.) Brief facts giving rise to this case are that on 25.8.2007 at about 7.00 p.m., when the claimant was travelling alongwith his wife and other passengers in a Bus No. U.P. 82-A-9379 from Jaharveer Rajasthan, the driver of the bus lost control on the vehicle. The bus collided with a tree and then fell down in a ditch on G.T. Road in front of Dadari Telephone Exchange. Shri Ramesh Chandra, the claimant and other passengers suffered serious injuries in the accident. The claimant and his wife were admitted to Guru Teg Bahadur Hospital, Delhi where the wife died. The claimant suffered serious injuries in his back bone causing fracture and that both his legs were crushed, causing total functional disability of the lower limbs.

(3.) The claimant filed the injury report, first information report charge-sheet filed against the driver for rash and negligent driving, site plan; case diary and inspection report; technical report; the orders by which the vehicle was released original disability certificate issued by the Superintendent of the Safdarjung Hospital, New Delhi and other documents.