UNITED INDIA INSURANCE CO Vs. HASSENALISHAIKH ABDUL SHAIKH

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 12th November, 1994 passed by the Motor Accident Claims Tribunal, Thane allowing the claim application of the respondent No. 1.

(2.) On 31st July, 1992, the respondent No. 1 (for short "the respondent") suffered an accident while returning home from the school. A truck bearing Registration No. MH-09-A-46 belonging to the respondent No. 2 while overtaking another truck passed over the right leg of the respondent and dragged him to the extent of 10 to 15 ft. As a result, the respondent sustained crush injury to his right leg. The respondent was taken to the Civil Hospital, Thane where he was admitted as an indoor patient and his right leg was amputated at the knee level and great toe and middle finger of the left leg was also amputated. The respondent who was aged 11 years at the time of accident filed a claim for compensation through his guardian and natural father.

(3.) After considering the evidence adduced by the parties including the Doctor, the Motor Accident Claims Tribunal (for short "the Tribunal") hel1d that the driver of the truck was negligent in driving. It further held that the respondent suffered about 82% to 85% permanent disability on account of negligent driving of the truck belonging to the respondent No. 2. Accordingly, the Tribunal awarded a compensation of Rs. 3,97,880/- (all inclusive) to the respondent. That decision is impugned in this Appeal.