KHEMCHAND JOSHI Vs. NEW INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) With consent, heard finally.

(2.) The appellant had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 22,60,000/- for the injury sustained by the appellant. The reply to the claim petition was filed and after recording the evidence, the Tribunal awarded a sum of Rs. 2,33,670/- in total by passing the impugned award.

(3.) As the incident occurred, due to negligence of driver, driving the offending vehicle, the issue of liability jointly and severally to pay compensation has been decided recording the findings in favour of the appellant by the Tribunal. Respondent-Insurance company assailed the impugned award by filing cross objections under Order 41, Rule 22 of CPC alleging rash and negligence on part of appellant and further submitted that the Claims Tribunal erred in applying multiplier in the matter while the injuries sustained by the appellant are scheduled injuries. Other grounds have also been raised by learned counsel for the respondent which have been considered in succeeding paragraphs.