UNITED INDIA INSURANCE COMPANY LIMITED Vs. ABDUL KHALIL

JUDGEMENT

(1.) By this appeal, the Insurance Company has challenged validity and legality of the impugned Judgment and Award delivered by the learned Member of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.691 of 1997 decided on 8.3.2002.

(2.) Briefly stated, it is the case of the appellants that the motor vehicle accident in question had occurred on 9.3.1995 when the claimant was traveling by Luxury Bus No.MH27/A9084 from Nagpur to Amravati. According to the claimant, the driver of the bus drove it in a rash and negligent manner endangering human life and dashed against the goods Truck No.CJ3/@221. The accident occurred near village Sarwadi, Tq.Karanja, District Wardha. In the result, left limb of the claimant sustained compound fracture resulting into permanent disability to the extent of 45 % affecting his efficiency to perform routine work. Compensation was claimed to the extent of Rs.93,137/. The learned Member of the Tribunal held in the affirmative that, in fact, the claimant suffered injury affecting his permanent disability in an accident which occurred due to rash and negligent driving of the motor vehicles. The claimant in support of the claim had entered in the witness box and had narrated that, while he was traveling towards Amravati from Nagpur by bus of Akshay Travels and when the bus was between Kondhali to Karanja near village Sarwadi, the driver of the bus could not control the bus. In the meantime, one goods truck coming from the opposite side dashed on the rear side of the bus. In the result, the seat on which the claimant was sitting was detached and turned around. The claimant suffered fracture to his thigh bone and knee bone of left leg. The claimant was taken to hospital in Karanja and then was shifted to Nagpur and he received medical treatment at Medical College, Nagpur. A plate had to be inserted into limb. Thus, for about 1 1/2 month, the claimant was receiving medical treatment as well as physiotherapy treatment. Thus, according to the claimant, he was unable to follow his daily pursuits and was also unable to work properly due to severe pains. The shop of the claimant was closed for eight months. The claimant had engaged a domestic servant who used to take him to the hospital and had spent a sum of Rs.8,000/ towards his services and the claimant was also required to engage an autorickshaw for attending hospital. Thus, he had to spent for conveyance as well.

(3.) In support of the claim, the claimant had tendered documentary evidence in the form of his travel from Nagpur to Amravati and Medical evidence such as discharge card dt.3.4.1995 indicating that the claimant was admitted in the Medical College, Nagpur on 10.3.1995 and later, he was taking treatment as an outdoor patient. The claimant also examined domestic Assistant Mr.Syed Jamil Anwarul Hasan and Abdul Gaffar Sk. Suleman who used to take the claimant for medical treatment daily. Considering the undisputed evidence that the claimant was earning a sum of Rs.4,000/ p.m. by serving in the Stationery shop, Nagpur under the name and style "Superior Shop", Chitra Talkies, Nagpur and rest of the evidence led by the claimant, which remained uncontroverted, the learned Member of the Motor Accident Claims Tribunal, Nagpur proceeded to allow the Claim Petition directing the Insurers and owner, driver etc./respondents in the Claim Petition to jointly and severally pay the amount of Rs.75,000/ in equal proportion with 9 % interest from the date of petition till realisation. The learned Member also directed 50 % of the amount to be deposited in fixed deposit for two years.