UNITEDINDIA INSURANCE CO LTD Vs. SHYAM KUMAR

JUDGEMENT

(1.) Being aggrieved by award dated 31.8.2004 passed by First Additional Motor Accidents Claims Tribunal, Betul (hereinafter referred to as 'the Tribunal'), in M.V.C. Case No. 30 of 2004, whereby Rs. 1,72,200 along with interest at the rate of 9 per cent per annum has been awarded against the appellant and in favour of respondent No. 1, insurer appellant has preferred this appeal.

(2.) The facts giving rise to this appeal are that on 3.1.2004, claimant-respondent No. 1 was travelling in a Tempo Trax bearing registration No. MP 28-H 1527, from Pathakheda to Multai. When Tempo Trax reached near Labhsingh Dhaba, Fansigarh Mazar and crossing a small bridge at that time a truck bearing registration No. MP- 22 4295 came from opposite side in a rash and negligent manner driven by respondent No. 2 and collided with said Tempo Trax, resultantly, respondent No. 1 got injured and received injuries on head, right thigh, leg and hip. During that period respondent No. 3 was the registered owner of the said truck while the same was insured with appellant.

(3.) That, this incident was reported to the police. On registration of the offence, after investigation respondent No. 2 was charge-sheeted. Regarding treatment, the respondent No. 1 was shifted to a hospital at Padhar. Initially respondent No. 1 was admitted in hospital on 3.1.2004 where he was operated on 6.1.2004 and was kept in hospital till 2.2.2004. He was again admitted in the hospital in between 10.3.2004 and 19.3.2004 and discharged on 19.3.2004. Meanwhile bone-grafting was carried out and remained under observation and treatment with physiotherapy. As alleged 50 per cent permanent disability was sustained due to injuries of hip and knee. A claim for compensation to the tune of Rs. 10,00,000 was submitted before the Tribunal.