LAWS(ALL)-2019-12-179

ORIENTAL INSURANCE CO. LTD. Vs. LAKHAN SINGH

Decided On December 16, 2019
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
LAKHAN SINGH Respondents

JUDGEMENT

(1.) Heard Sri Vashu Deo Mishra, learned counsel for the appellant and Sri Om Chandra Sahu, learned counsel for the respondents.

(2.) By way of present appeal, the appellant impugns award dated 2nd December, 2014 passed by learned Motor Accident Claims Tribunal (hereinafter referred as 'the Tribunal')/ Additional District Judge, Lucknow in Claim Petition No.6900358 of 2010 (Lakhan Singh v. Uday Veer Singh and Another).

(3.) Briefly stating the facts of the case are that the respondent no.1 / claimant filed a petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') claiming compensation of Rs.16,60,000/-. The case of the claimant was that on 21st June, 2010, he along with Chandra Prakash was going on his motorcycle bearing Registration No.UP-30L-9609; when he reached in front of Ara Machine of Girish Pandit, a tempo bearing Registration No. UP-14AH-9834 (offending vehicle) came at a very high speed and was being driven in a rash and negligent manner, it hit the motorcycle of the claimant, as a result of which the claimant received grievous injuries. On 2nd July, 2010, the claimant was admitted in Medical College, Lucknow. He was aged 35 years at the time of accident and he was earning a sum of Rs.5,000/- per month. Hence, the claimant claimed a sum of Rs.16,60,000/- along with interest @ 15% per annum from the date of filing of the petition.