TRILOK SINGH Vs. KAWALJEET KAUR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Khandwa, in Claim Case No. 134 of 1992, dated 1.5.1993.

(2.) The claimant sought compensation of Rs. 3,60,000 for permanent disability he suffered in the motor accident that took place on 2.2.1987. The truck No. DEC 1655 owned by Kawaljeet Kaur, driven by Dalbir Singh Bhawanlal and insured with National Insurance Co. Ltd., turned turtle when the driver hit it against the rock. As a result of this accident, claimant suffered serious leg injury. He was pulled from the accident site by the people who gathered there, was shifted to hospital at Burhanpur and thereafter to Delhi. His left leg was amputated. The accident took place due to rash and negligent driving of the truck by the driver. The claimant, at the time of accident, was sitting in the cabin.

(3.) The owner and driver of the truck did not appear to contest the claim and, therefore, proceeded ex pane, while the insurance company denied the claim.