ORIENTAL INSURANCE CO LTD Vs. DILIP KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the insurer aggrieved by an award dated 6. 4. 2002 passed by Eighteenth additional Motor Accidents Claims Tribunal (Fast Track Court), Jabalpur in Claim case No. 97 of 2002.

(2.) THE claimant Dilip Kumar filed an application seeking compensation for the injuries caused to him in the accident dated 25. 4. 1994. His right leg was amputated below knee level. It was alleged that the claimant was driving tractor No. MP 20-H 9293, which was going from Deori to panagar. Truck No. MKK 5006 came from jabalpur side and dashed against the tractor near village Kushner, owing to which claimant sustained serious injuries. He was under treatment when claim petition was filed. Subsequently, his right leg was am-putated below knee level. According to the claimant the accident was caused owing to rash and negligent driving of the driver of the truck. Truck was driven by Sheikh pappu, owned by Sheikh Kallu and insured with Oriental Insurance Co. Ltd. The tractor was owned by Khemchand Kewat and insured with National Insurance Co. Ltd. Criminal case was registered at Crime No. 516 of 1994 as against the driver of the truck. He had admitted the guilt and was punished. A claim petition was filed before the amputation of leg, for the injuries sustained and compensation of Rs. 3,90,000 was claimed. Later on during pendency of the petition leg has been amputated.

(3.) THE owner and driver of the truck and the owner of the tractor remained ex parte.