NATIONAL INSURANCE CO LTD Vs. B RAMARAO

JUDGEMENT

(1.) THIS appeal is directed against the award dated 31.1.1997 of the Motor Accidents Claims Tribunal Durg, in claim case No. 91/95. Claimant B. Rama Rao (22) was a student of II Year 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.

(2.) CONSEQUENTLY , claim petition was preferred before the Motor Accidents Claims Tribunal, Durg for compensation of Rs. 20,25,000.00.

(3.) THE Tribunal came to the conclusion that the accident took place on 3.7.1995 when the truck driven rashly and negligently, hit the moped of the claimant as a result of which he became disabled. Consequently, award of Rs. 7,00,000.00 has been made carrying interest at the rate of 6% per annum from the date of application till the date of award. Appellant Insurance Company is not satisfied with this award, therefore, it has been challenged through this appeal.