NATIONAL INSURANCE CO. LTD. Vs. SHADAB AHMAD

JUDGEMENT

(1.) This First Appeal From Order is by the National Insurance Company Ltd. challenging a judgment/award of the Motor Accident Claim Tribunal/Additional District Judge, Court No.6, Bijnor, dated 31.5.2018, passed in M.A.C.P. No.90 of 2017, whereby the claim petition has been allowed in part. The claim for compensation has been decreed to the extent of Rs. 18,04,214.00, together with interest at the rate of 7% per annum, from the date of filing of the claim petition till its realization. A sum of Rs. 10,00,000.00 has been directed to be deposited in some Nationalized Bank as fixed deposit for a period of 03 years. Aggrieved by this determination, the present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988.

(2.) Brief facts giving rise to filing of this appeal are that claimant was coming from Amroha to his village Mahdood Nasho in his Swift Car No. DL08 CAD 4367 on 29.5.2016 together with his brothers when he was hit by speeding truck coming from other side at about 8.30 p.m. The head-on collision resulted in serious injuries being caused to the claimant and other fellow passengers on their face and other parts of the body. One person, namely Ashfaq Ahmad, who was travelling in the same car died, while others sustained serious injuries. A timely First Information Report was lodged in Case Crime No.286 of 2016, under Sections 279, 338, 337 and 427 IPC. A claim petition thereafter has been filed alleging that the claimant is 34 year old Contractor registered with CPWD, Delhi, and has suffered permanent partial disability in his lower limb. The claimant alleges his income to be Rs. 07 lacs per annum on the basis of Income Tax Return submitted by him.

(3.) After the accident, claimant was taken to Government Hospital Nurpur and was then referred to Government Hospital, Bijnor. The claimant appears to have been taken to a private hospital in Meerut, where he remained under treatment of one Dr. Rohit Garg. In the claim petition filed an amount of Rs. 34,00,000.00 together with interest @ 12% per annum is claimed. The offending vehicle with which accident was caused in head-on collision was insured with the appellant, and therefore, in the claim petition the owner as also the Insurance Company were impleaded as defendants. The claim was contested by the appellant questioning all the averments pleaded by claimant in the plaint. According to the Insurance Company neither any accident was caused nor the insured vehicle (Truck No. HR 58 9006) was involved in the accident.