NATIONAL INSURANCE CO Vs. PREM NARAIN SAHU

JUDGEMENT

(1.) Jeep bearing No. C.P.C. - 3776 and Tempo bearing No. MKH-654 were involved in an accident on 13th June, 1988. This accident took place at about 11.30 p.m. Claimant respondent No. 1 Prem Narain was travelling in the tempo. It is said that Jeep was being driven rashly and negligently. It is stated that it was this Jeep which dashed into the Tempo in question. This Jeep was insured with National Insurance Co. Injuries were caused on the person of respondent Prem Narain. He claimed compensation amounting to Rs. 6.44 lacs. The Motor-Accident Claims Tribunal came to the conclusion that accident took place on account of rash and negligent driving of the jeep in question. It quantified the amount of compensation at Rs. 27,500/-. The findings which have been recorded by the Motor-Accident Claims tribunal are as under :-(i) claimant was admitted in J. A Hospital;(ii) he was so admitted in the hospital for 28 days;(iii) an artificial rod has been planted in the right feet;(iv) injuries were also there on face and on right thingh;it has been held that nasal bone has been permanently damaged;(v) that when the claimant was discharged he was under bandage;(vi) there was shortening of his feet and this has disabled the claimant from walking swiftly. A finding has also been recorded that be may not be able to drive a vehicle as his feet may not be able to generate the requisite pressure when brakes are to be applied;

(2.) The earning capacity of the claimant was found to be Rs. 800/-. A sum of Rs. 35,000/- was found to be sufficient compensation. Interest at the rate of 12% was also allowed.

(3.) The learned counsel appearing for the claimant pointed out that cross-objections have been preferred. The valuation was fixed at Rs. 5 lacs. However, on 4th January, 1995, the counsel for the claimant made a statement that he is restricting his claim regarding the cross-objections to Rs. 90,000/- only. Thus this appeal was taken up for hearing along with the cross-objections.