ORIENTAL INSURANCE CO LTD Vs. L HEKUVI SUMI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 15. 1. 2007 passed by learned Member, Motor Accidents Claims Tribunal, dimapur in M. A. C. Case No. 5 of 2006 awarding compensation of Rs. 2,67,000 to the claimant-respondent No. 1.

(2.) THAT necessary facts leading to the filing of the present appeal are that the claimant-respondent No. 1 filed a claim petition before the learned Member, Motor accidents Claims Tribunal at Dimapur (hereinafter referred to as 'the Tribunal')for a compensation of Rs. 5,28,640 alleging that on 3. 10. 2002 at about 3. 30 p. m. he sustained injuries on his chest and right ribs in a vehicular accident while travelling in a bus bearing No. NL 06-B 0132, against the owner, driver of the vehicle and the appellant insurance company.

(3.) CLAIMANT-RESPONDENT No. 1 claimed himself to be aged about 30 years at the time of accident, businessman by profession and earning about Rs. 5,000 per month. According to the claimant, he suffered 35-40 per cent permanent disability because of the said accident. The appellant insurance company filed written statement on 10. 3. 2006 denying the claim of the claimant-respondent No. 1. The driver and owner of the offending vehicle also filed a joint written statement alleging that the claim of the claimant-respondent No. 1 was unreasonable and highly excessive and liable to be quashed. It was also alleged that the offending vehicle was covered by a Comprehensive Policy of National Insurance Co. Ltd. and filed vehicle registration certificate, driving licence, the insurance policy certificate, etc.