NEW INDIA ASSURANCE CO LTD Vs. RAM RATAN

JUDGEMENT

(1.) Award dated 30.1.1997, of the Motor Accidents Claims Tribunal, Mandsaur, passed in Motor Accident Claim Case No. 81 of 1994, has been challenged through this appeal by the New India Assurance Co. Ltd., Sanghi Colony, Agra-Bombay Road, Indore.

(2.) On 24.12.1992, the claimant Ram Ratan (34) was travelling by tractor-trolley No. MIU 6731 for going to market. This vehicle was owned by Paraslal, respondent No. 6, driven by Satya Narayan, respondent No. 4 and insured with Oriental Insurance Co. Ltd., respondent No. 7. Truck No. MBN 1232 was owned by Abdul Rashid, respondent No. 3, driven by Satbir Singh, respondent No. 2 and insured with the New India Assurance Co. Ltd., appellant. The accident took place on 24.12.1992, at 8 a.m., when the truck hit the tractor-trolley, which had been parked on the roadside. As a result of this accident, the claimant, who was sitting in rear portion of the tractor, was injured resulting in amputation of his right leg below knee, resulting in disability to the extent of 70 per cent. Compensation of Rs. 13,75,283.69 has been claimed. However, the Claims Tribunal has awarded compensation of Rs. .1,79,100, carrying interest at the rate of 12 per cent per annum from the date of application.

(3.) The owner and driver of truck No. MBN 1232 have been proceeded ex pane. The owner, driver and the insurer of the tractor-trolley No. MIU 6731 filed written statement, in which allegations have been denied. It has been stated that the tractor-trolley had been parked by the side of road and it was the truck, which committed the accident. It is also stated that criminal case under sections 279, 337 and 338 of the Indian Penal Code has been registered against the driver of the truck No. MBN 1232. Consequently, liability for accident and payment of compensation has been denied.