NEW INDIA ASSURANCE COMPANY LTD Vs. DINESH NAUTIYAL

JUDGEMENT

(1.) J. C. S. Rawat, J. This appeal under section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 15-02-2003 passed by the Motor Accidents Claims Tribunal (hereinafter referred as Tribu nal'), Uttarkashi in M. A. C. R No. 29 / 2001, whereby the learned Tribunal had awarded a sum of Rs. 20,90,000/- as compensation alongwith interest @ 9% per annum to the claimant-injured against the New India Assurance Com pany Ltd.- appellant.

(2.) BRIEF facts of the case are that the claimant- Dinesh Nautiyal (respond ent No. 1) had filed a claim petition be fore the Tribunal alleging therein that on 21-10-2000 he was travelling towards Mainol from Bhrahmkhal in offending Jeep No. UP 0/-F-0499, which was be ing driven rashly and negligently by its driver / owner Prem Lal Sah (respond ent no. 2 ). It was further alleged in the claim petition that the driver of the of fending jeep lost his control over it and due to which it fell into a ditch. The claimant- Dinesh Nautiyal had sustained the grievous injuries on his person. An FIR of the said incident was lodged. The injured-claimant was taken to civil hos pital, Uttarkashi from where he was re ferred to Himaliyan Institute Hospital, Jolligrant for his treatment. Thereafter, he was referred to Indian Spinal Injuries Center, New Delhi where he was treated, but he could not regain his health cent-percent. It was further alleged in the claim petition by the claimant-injured that he was medically examined by a medical board, who gave a certificate of 100% permanent disability. It had also been alleged that the respondent no. 1 -injured was the Incarge, Block Develop ment Officer, Development Block, Dudda. He was aged about 42 years and was earning Rs. 10. 000/- pm. at the time of incident. In this way, an amount of Rs. 31,80,000/- had been claimed as compensation.

(3.) FEELING aggrieved by this, the New India Assurance Com. Ltd. appellant has preferred the present appeal.