ORIENTAL INSURANCE CO LTD Vs. A BALRAJ

JUDGEMENT

(1.) This appeal is filed by the insurance company questioning the award on the ground that the owner of the vehicle has paid the premium on 3.7.1989, subsequent to the accident. The accident took place on 2.7.1989 at about 7 p.m.

(2.) The brief facts of the case are: On 2.7.1989 at about 7 p.m. Balraj, respondent No. 1 herein, along with his family members boarded one R.T.C. bus at Anantsagar to go to Malkapur. When the bus reached Malkapur bus stand on N.H. No. 9, they got down and while they were collecting their luggage by the side of the road, one car MYQ 9925 driven by its driver rashly and negligently came in a wrong direction and hit the respondent No. 1 herein, due to which he sustained multiple injuries all over his body. He was shifted to Sangareddy Headquarters Hospital and from there he was referred to Gandhi Hospital at Secunderabad. Due to the accident the spleen of respondent No. 1 was removed. Injured Balraj was aged 9 years and studying in 4th class at the time of accident. Respondent No. 1 filed O.P. claiming a total compensation of Rs. 1,00,000.

(3.) Before the Tribunal, the appellant herein and the respondent No. 2 herein filed separate counters denying their respective liability to pay compensation.