ORIENTAL INSURANCE CO. LTD Vs. ANIL

JUDGEMENT

(1.) Oriental Insurance Company Ltd. has filed M.A. No.1454/2022 against the award dtd. 17/1/2021 passed by First Additional MACT Mandleshwar whereby claim case filed by respondent No.1 has been allowed. M.A.No.3874/2022 has been filed by claimant Anil against the award dtd. 17/1/2021 seeking enhancement of compensation.

(2.) Both the appeals arise out by common award dtd. 17/1/2021, thus both are being decided by this common award. Facts of the case which led to filing of these appeals are that on 21/3/2018 near about 05:30, claimant Anil alongwith wife Kavita, daughter Kashish and son Mayank were going his own motorcycle bearing registration No. MP-10-MJ-5925 when they reached Ambedkar crossing Mandleshwar, Lakhan came on his motorcycle bearing registration No. MP-09-VE-8089 and dashed the motorcycle from the back side. The claimant fell down and sustained the injury on left leg and other part of body. Ambulance was called and he was taken to Government Hospital Mandleshwar where he was referred to Aurobindo Hospital Indore where the treatment continued upto 10/4/2018.The operation was carried out. The respondent Lakhan gave assurance to him that he would incurred entire medical expenditure, therefore, report was not lodged. On 14/6/2018, a written complaint was given to the police station Mandleshwar upon which an FIR was registered at Crime No.244/2018 under Sec. 279, 337 and 338 of IPC.

(3.) According to the claimant, he is labour and earning Rs.9000.00 per month. After the incident, he is unable to do his regular rouiten work. He spent Rs.1,00,000.00 for treatment. He has suffered the permanent disablement. The respondent No.2 is owner of motorcyle which was insured with Oriental Insurance company. Accordingly, he claimed Rs.3,50,000.00 as compensation.