NEW INDIA ASSURANCE CO. Vs. AMITABH BUXI

JUDGEMENT

(1.) THESE two appeals are disposed of by a common judgment as they relate to the same accident. Appeal No. 12 of 1979 arises out of claim petition filed on behalf of a minor Amitabh Buxi aged 9 a years through his father Gurdeep Singh Buxi while appeal No. 13 of 1979 arises out of claim petition No. 58 of 1976 filed by Anand Prakash Bhatia. The insurer has filed these appeals against award of compensation amounting to Rs. 28500/- to Amitabh Buxi and Rs. 11700/- to Anand Prakash Bhatia.

(2.) THE relevant facts are that on 1st August, 1976 Anand Prakash Bhatia was going on a scooter from Buxi Park on the high way towards Bijnor. Amitabh Buxi was sitting on the pillion seat of the scooter. A truck No. UPN 3675 which was coming from the opposite direction dashed against the rear portion of the scooter on account of which both Anand Prakash Bhatia and Amitabh Buxi were thrown off and fell on the road.

(3.) THE case of the claimants was that the accident took place entirely on account of the rash and negligent act of the driver of the truck as a consequence of which they suffered multiple injuries resulting in some permanent disability also.