NATIONAL INSURANCE CO LTD Vs. B RAMA RAO

JUDGEMENT

(1.) This appeal is directed against the award dated 31.1.1997 of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 91 of 1995.

(2.) Claimant B. Rama Rao (22) was a student of II year in Engineering College, Bilaspur. On 3.7.1995, he was riding Hero Puch moped with Bhima Yadav as a pillion rider and was going from Bhilai towards Raipur. They met with an accident when truck bearing registration No. BR 13-G 7872, coming from opposite direction, hit the moped. The truck was owned by Gayaprasad Gupta and driven by Anil Kumar. In this accident, claimant received serious injuries which included fractures in both of his legs. His left leg below thigh joint had to be amputated. Consequently, claim petition was preferred before the Motor Accidents Claims Tribunal, Durg for compensation of Rs. 20,25,000.

(3.) Respondents filed their replies and denied the entire allegations against them. It was denied that the vehicle was driven negligently. Insurance company stated that the claim was based on presumptions and assumptions, therefore, it was not liable to pay the compensation awarded in this case.