NEW INDIA ASSURANCE CO. LTD Vs. SHIV KUMAR

JUDGEMENT

(1.) THIS appeal filed by the Insurance Company under Section 110(d) of the Motor Vehicles Act arises from an Award dated 11 -7 -1972 passed by the Claims Tribunal Indore in connection with a tempo accident that occurred on 25 -3 -1969 near the petrol pump on Bijasan Road on account of which the claimant -Respondent No. 1 Shivkumar got injured resulting in compound fracture of Tibia and Fibula bones.

(2.) BRIEFLY stated the case of Respondent No. 1 Shivkumar at the Tribunal is that he is a young man of 20 years and from pursuing studies in XI Class. On 25 -3 -1969 at 4 -30 p.m. when he was going from his house towards the city on the left side of the road, he was knocked down by Tempo No. M.P.F. 8514 driven by Respondent No. 3. Harish Chandra and owned by Respondent No. 2 -Daryaosingh. Due to the rash and negligent driving of the tempo, the claimant -Shivkumar (Respondent No. 1) sustained injuries resulting fractures of Tibia and fibula bones, which prevented him from pursuing his studies for a period of one year. He was treated by Dr. S.K. Murti (P.W. 1) who found compound fracture of the right Tibia and Fibula, bones. Respondent No. 1 Shivkumar, therefore, claimed compensation of Rs. 30,000/ - which included Rs. 20,000/ - for fracture of Tibia and Fibula bones, Rs. 4,000/ - for pain and sufferings and Rs. 6,000/ - for loss of one year.

(3.) IT may be noted at the outset that this appeal has been filed only by the Insurance Company and not by the owner or driver of the tempo. Admittedly, before the Claims Tribunal the owner, the driver and the Insurance Company have filed their separate Written Statements and have defended their own case represented by their respective counsel.