RELIANCE GENERAL INSURANCE CO. LTD. Vs. RAGHAV SHARAN

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the judgment and award of the Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Banda dtd. 29/5/2017, allowing Motor Accident Claims Petition No. 39/70/2012. By the impugned judgment and award, a sum of Rs.10.00 lakhs has been awarded by the Tribunal for the permanent disability sustained by the claimant-respondent in a motor accident.

(2.) Heard Mr. S.K. Mehrotra, learned Counsel for the appellant-Insurance Company and Mr. Ram Singh, learned Counsel appearing on behalf of claimant-respondent No.1. No one appears on behalf of the owner-respondent No. 2.

(3.) The facts giving rise to this appeal are that the claimant-respondent No. 1 (for short, ''the claimant') instituted the claim petition before the Tribunal giving rise to this appeal with a case that on 26/9/2011 at about half past five in the evening, he was proceeding on a bicycle from Village Ahila to his village. As soon as the claimant emerged from Village Ahila and moved on to the Banda-Baberu Road reaching the culvert, he met one Ram Kishan son of Basdev, a resident of Village Poon. The claimant stood on the side of the road and the two were talking amongst themselves. Suddenly, a vehicle of Marshal Max Make, bearing registration No. UP-90B/9067, driven by Kalka Prasad @ Kela, rashly, negligently and at a high speed, approached from the Banda end. The vehicle aforesaid struck the claimant, causing him to be severely injured. The claimant's son and Ram Kishan ferried him to the District Hospital for medical aid. He was found to have sustained grievous injuries on his body and lower limbs, for the treatment whereof he was referred by the District Hospital to a higher centre at Kanpur. The claimant was admitted for treatment to the North Star Hospital at Kanpur. The Doctors there advised that one of his lower limbs was absolutely crushed and would have to be amputated in order to save his life. The lower part of his limb was, therefore, amputated. The claimant urged that he has sustained a loss in the sum of Rs.10.00 lakhs, which he sought to recover from the owner of the offending vehicle and the respondent-Insurance Company (for short, ''the Insurers').