LAWS(BOM)-2013-12-249

JC7352 Vs. NATIONAL INSURANCE COMPANY LIMITED

Decided On December 11, 2013
Jc7352 Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) THE claimant/appellant is aggrieved by the judgment and award dated 7th January 2003 delivered by learned Member, Motor Accident Claims Tribunal, Nagpur in claim petition no. 677 of 1995 whereby Award was passed in favour of the claimant in the sum of Rs. 1 lakh only inclusive of nofault liability together with interest at the rate of 9 per cent per annum from the date of petition till realization.

(2.) IT is contended on behalf of the claimant that motor vehicle accident had occurred on 7th December 1991 at NagpurKamptee Road opposite Hotel Sangril at Kamptee when claimant was traveling by military van towards Kamptee. When the van was on NagpurBhandara Road at Kamptee, offending truck bearing No. MTG8430 gave forcible dash to the military van as a result of which claimant had suffered permanent disability to the extent of 60%. Thus, claimant had claimed compensation before the Tribunal on the ground that he suffered damages to the tune of Rs. 3 lacs as he remained in hospital at Kamptee as well as Military Hospital at Pune due to his permanent physical disability arising out of accident.

(3.) LEARNED Tribunal held on the basis of evidence led that the applicantclaimant had proved that he had sustained injuries and permanent disablement in the motor vehicle accident occurred on 7th December 1991 caused by rash and negligent driving of the truck. Thus, it was held that claimant was entitled to claim compensation. However, only a sum of Rs. 100,000/was awarded.