NATIONAL INSURANCE CO LTD Vs. SANTOSH

JUDGEMENT

(1.) THE appeals have been preferred by the claimant as well as the insurer aggrieved by the award dated 23. 9. 2005 passed by M. A. C. T. , Khandwa in Claim Case No. 8 of 2005.

(2.) CLAIMANT Santosh aged 20 years filed a claim petition on account of personal injuries sustained by him in an accident dated 11. 6. 2006. He was travelling in the tractor in the capacity of his being a labourer in the tractor used for carriage of sand for construction of well in the agricultural field of Shanta Bai, owner of tractor. Tractor was driven by Rajesh in a rash and negligent manner and it was insured with national Insurance Co. Ltd. The claimant suffered fracture of vertebrae due to which he suffered paralysis of both legs resulting into 100 per cent permanent disablement. He has lost control in urinary process and other natural calls owing to paralysis. He would not be able to walk in his lifetime and to render any kind of work. Compensation of Rs. 14,60,000 was claimed. It was claimed that he was an agriculturist, he used to render labour and earn Rs. 40,000 per annum of which he has been deprived off.

(3.) THE owner and driver in their reply denied their liability on the ground that driver was not negligent. Even otherwise driver was holding valid and effective driving licence, vehicle was insured, liability, if any, to be indemnified by the insurer.