NEW INDIA ASSURANCE CO LTD Vs. ABDUL MAZID

JUDGEMENT

(1.) THIS is an appeal by the insurer under Section 173 of the Motor Vehicles Act, 1988.

(2.) ON 31.7.1986 at about 9.30 p.m. while claimant was going back to his residence, bus bearing registration number OSU 6390 knocked him down while being driven rashly and negligently. Claimant sustained various injuries including fracture on his right hip joint and nasal bone. He had to remain under traction of his right leg from 31.7.1986 to 3.8.1986. Thereafter, boot and bar plaster was made. On account of the accident, he permanently became lame. Alleging the same, claimant prayed for an award of Rs. 1,00,000/ - as compensation.

(3.) CLAIMANT after notice has entered appearance and has filed an application to direct the insurer to pay the entire awarded amount with interest, since he is a poor man and is going through very hard time because of the injuries sustained by him and expenses incurred in his treatment. In view of this assertion, I heard the appeal on merit though records of the lower court have not been received as parties furnished the required materials for my consideration.