NATIONAL INSURANCE CO LTD Vs. AKHILESH DWIVEDI

JUDGEMENT

(1.) Both these appeals arise out of the award dated 27.2.1999 passed by 9th Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 96 of 1997. Misc. Appeal No. 319 of 1999 is filed by the insurance company while Misc. Appeal No. 412 of 1999 is filed by the claimant.

(2.) Brief facts of the case are that one Akhilesh Dwivedi has filed the claim petition alleging that on 12.2.1997 at about 11 in the morning he was going on his motor cycle No. MP 07-KA 3542 from Gwalior to Morena. Ramesh alias Suresh Chandra Jain was sitting as pillion rider on the motor cycle. When they reached near Ban-more on A.B. Road truck No. MPW 4758 which was driven rashly and negligently by Kalyan Singh, respondent No. 1, dashed against him which caused him injuries. His spinal cord was completely damaged in the said accident and he has got injuries on various parts of his body. He filed the application for compensation alleging that the said injury has resulted in 100 per cent permanent disablement. He is completely bedridden and there are no chances of his recovery. He was brought on stretcher for giving statement in the court and Claims Tribunal has recorded this fact at the time of his deposition. He was examined as AW 5 in the court. Insurance company, non-applicant No. 3, has filed its written statement denying the allegations made in the claim petition. Non-applicant Nos. 1 and 2 remained ex parte and non-applicant No. 3 alone filed the written statement. Non-applicant No. 3 has also obtained permission from the Claims Tribunal to contest the claim under section 170 of the Motor Vehicles Act. The Claims Tribunal after recording the evidence found that the accident has taken place due to rash and negligent driving of the non-applicant No. 1 and awarded compensation to the tune of Rs. 14,03,880 with interest at the rate of 12 per cent per annum. Claims Tribunal also observed that in case the award is not paid within three months, the interest will be 15 per cent per annum.

(3.) The claimant preferred Misc. Appeal No. 412 of 1999 alleging that the quantum of compensation awarded by the Claims Tribunal is on the lower side while the insurance company has preferred Misc. Appeal No. 319 of 1999 on the ground that the claimant himself was negligent and the accident has occurred due to his rash and negligent driving. It is also urged that the amount of compensation awarded by the Claims Tribunal is on the higher side.