NATIONAL INSURANCE COMPANY LTD. Vs. AKHILESH DWIVEDI

JUDGEMENT

(1.) BOTH these appeals arise out of the award dated 27.2.1999 passed by Ninth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 96/97. Miscellaneous Appeal No. 319/99 is filed by the Insurance Company while Miscellaneous Appeal No. 412/99 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 11:00 in the morning he was going on his motorcycle No. MP 07 KA 3542 from Gwalior to Morena. Ramesh alias Suresh Jain was sitting as pillion rider on the said motorcycle. When they reached near Banmore on A.B. road, truck No. MPW 4758 which was driven rashly and negligently by respondent No. 1 Kalyan Singh 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% permanent disablement. He is completely bed ridden and there are no chances of recovery. He was brought on stretcher for giving statement in the Court and the Claims Tribunal has recorded this fact at the time of his deposition. He was examined as PW 5 in the Court. Non-applicant No. 3 Insurance Company has filed its written statement denying the allegations made in the claim petition. Non-applicants 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. 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 annum. Claims Tribunal also observed that in case the award is not paid within three months, the interest will be 18% per annum.

(3.) BOTH the parties were heard at length.