ORIENTAL INSURANCE COMPANY LIMITED Vs. INDRAPAL

JUDGEMENT

(1.) THESE two appeals have arisen out of an award dated 26th august, 2004 passed by learned II Additional Motor Accidents claims Tribunal, Shahdol in Claim Case No. 11/2001.

(2.) M. A. NO. 70/2005 has been filed by the Insurer praying to dismiss the claim application by setting aside the impugned award and M. A. No. 456/2005 has been filed by the claimant for enhancement of the award. Since both these appeals have arisen out of a common award, they are being disposed of by this common order.

(3.) IN brief the case of claimant Indrapal as borne out from the application under section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') is that on 7. 4. 2000 he was going to his village in a bus which was being driven by Awadhesh Patel and was owned by ram Prasad Pandey, who were arrayed as non-applicants no. 2 and 1, respectively in the claim petition. As soon as the claimant alighted from the bus, driver started and drove the bus rashly and negligently, as a result of which he fell down and rear wheel of the bus ran over the claimant, on account of which his left leg was brutally crushed and he also received injury in his right toe. The claimant sustained compound fracture as a result of which he became disabled. The claimant was treated in hospitals at Kotma, shahdol and Bilaspur and is still undergoing the treatment. He is now unable to walk. On these premised submissions, an application under section 166 of the Act was filed before the Claims tribunal praying therein to pass an award for a sum of rs. 6,10,000/-against the owner, driver and Insurer jointly and severally.