NEW INDIA ASSURANCE COMPANY LTD Vs. ADESH ALL

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been preferred by the appellant- New India Assurance Company Ltd. (hereinafter referred to as the 'Insurance Company) against the impugned award dtd. 22/2/2011 passed in Case No.15/08 by Member Motor Accident Claims Tribunal, Harda (M.P.) whereby, compensation of Rs.12,95,819.00 has been awarded to the respondent No.1-claimant.

(2.) The facts of the case in brief are that respondent no.1 was travelling on 31/5/2003 in Tata Indica Taxi Car bearing registration No. OR-02-8901 which was driven by respondent No.2-Vishnu and respondent No.3-Vikram, when they reached Shishupalgarh, Orissa, a bus bearing registration No. OR-9009 which was owned by respondent No.4-Tapan Kumar and driven by respondent No.5-Govindchandra was coming from opposite direction in rash and negligent manner and hit the car. As a result of which, appellant has sustained grievous injury and was hospitalized from 5/6/2003 to 20/6/2003 and his hip was operated and he was advised for 6 months bed rest.

(3.) On account of injury sustained, he filed a claim petition bearing No.15/2008 before the Tribunal claiming compensation of Rs.20,000.00 for the injury sustained by the respondents. The owner and drivers of Tata Indica Taxi Car and bus remained ex-parte and did not file any written statement.