ORIENTAL INSURANCE CO. LTD. Vs. A.J. THOMAS

JUDGEMENT

(1.) The brief facts of the case as noted is that the respondent herein as claimant had filed a motor accident claim case being MAC No. 46 of 2001 after meeting with an accident while he was riding his motorcycle bearing No. ML-08-1069 wherein he sustained bodily injuries on his right shoulder which is said to have caused permanent disablement and had made a claim for Rs. 16,04, 000/- against which the learned Tribunal vide order dated 31.08.2007 awarded an amount of Rs. 10,34,000/-. An appeal against the said award was filed before the then jurisdictional High Court i.e. Gauhati High Court and the said appeal was dismissed on 6th November, 2009 and the award was upheld. Subsequently, the appellant filed a review petition being Review Petition No. 9 (SH) of 2009 raising a plea of a limited liability under Personal Accident Coverage as admissible to the claimant. The then Gauhati High Court vide order dated 13th January, 2011 remanded the matter with a direction to the Tribunal to re-adjudicate the case on two points as given in Para-14 of the said judgment. Para-14 is reproduced herein below: -

(2.) Thereafter, on remand the learned Tribunal framed the following two points for re-adjudication which were as follows:

(3.) Being aggrieved by the impugned judgment and order dated 23rd February, 2017, the present appeal has been filed by the appellant Insurance Co.