NATIONAL INSURANCE CO LTD Vs. RAJESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Misc. Appeal No. 23/2003 and Misc. Appeal No. 301/2003 filed by the Insurance company and the claimant respectively challenging the award dated 30th November, 2002 passed by 12th Additional Member Judge, motor Accident Claims Tribunal (Fast Track), gwalior in Claim Case No. 41/2002 whereby the Claims Tribunal has awarded a sum of rs. 3,25,000/- towards compensation for the injuries sustained by the claimant dipendra Singh Harsana.

(2.) FACTS of the case in brief are that on 24th december, 1999 at about 12. 30 in the noon claimant was going on his motorcycle towards his village Rasu. When he reached near Rairu farm, truck bearing registration No. DIG 7373 which was driven rashly and negligently by respondent No. 1 Ramchandra Singh dashed against him which resulted into grievous injuries to him. Hence, the claimant filed a claim petition claiming compensation.

(3.) THE Claims Tribunal assessed that the claimant has suffered seventy per cent permanent disablement and awarded a sum of rs. 3,25,000/- towards compensation. This award is under challenge in these appeals filed by the Insurance Company and the claimant on the question of quantum.