NATIONAL INSURANCE CO LTD Vs. SUDHIR

JUDGEMENT

(1.) Being aggrieved by the award dated 21/6/2004 passed by MACT, Indore in Claim Case No. 266/02 whereby the claim petition filed by respondent No. 1 was allowed and a sum of Rs. 80,270.00 was awarded on account of injuries sustained by respondent No. 1, the present appeal has been filed.

(2.) Short facts of the case are that the respondent No. 1 filed a claim petition before the learned Tribunal on 12/9/2008 alleging that on 21/11/1997 when the respondent No. 1 was going on his scooter, at that time motor vehicle known as Nagar Seva bearing registration No. MP/09-D/8729 which was being driven by respondent No. 2, owned by respondent No. 3 and insured with appellant, dashed the respondent No. 1, with the result respondent No. 1 fell down and the wheel of offending vehicle rolled over the leg of respondent No. 1, with the result respondent No. 1 sustained grievous injuries and was hospitlized at M.Y. Hospital, Indore from where respondent No. 1 was shifted to Gokuldas Nursing Home, where the respondent No. 1 was operated and rod was inserted. Respondent No. 1 remained in hospital w.e.f. 22/11/97 to 29/11/97, thereafter after six weeks the rod was removed. It was alleged that a sum of Rs. 40,000.00 was spent in his treatment. It was alleged that because of accident respondent No. 1 sustained permanent disability. It was prayed that claim petition be allowed and compensation be awarded.

(3.) In alternative learned counsel for the appellant submits that so far as cross- objections filed by the respondent No. 1 is concerned, looking to the injuries sustained by the respondent No. 1 amount awarded by the learned Tribunal is just and proper, which requires no interference.