NEW INDIA ASSURANCE COMPANY LIMITED Vs. BABAN

JUDGEMENT

(1.) Appellant Insurance Company has impugned in this appeal judgment and award dated 14th January 2003 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 813 of 2001 directing present appellant and respondent no. 2 Sriram Chits (P) Limited to pay compensation of in the sum of Rs. 80,000/ to original claimant (present respondent no.1) with interest @ 9% per annum from the date of petition till realization.

(2.) Facts in beief are as under :

(3.) On 19.12.2010 petitioner had gone to village Gondkhairi along with respondent no. 3 in the evening time. On their return journey, respondent no. 3 was driving scooter and petitioner as also his soninlaw were occupying pillion seat. Near TCI Godown at Wadi, scooter dashed against a stone on the road as a result of which all of them fell down from the scooter. Petitioner sustained severe injuries to his head and to his left hand. He was removed to the hospital where he was given treatment for his injuries and left eye, but consequently, due to head injuries, he lost eye sight. According to him, accident occurred due to rash and negligent driving of scooter by respondent no.2. Scooter belonged to respondent no. 2 and it was insured with respondent no. 1. He claimed compensation of Rs. 1.50 lacs.