NEW INDIA ASSURANCE CO LTD Vs. SAJJAN KUMAR

JUDGEMENT

(1.) By this common order I intend to dispose of FAO No. 566 of 2004 titled as New India Assurance Company Ltd. v. Sajjan Kumar and Ors. and No. 567 of 2004 New India Assurance Company Ltd v. Sunil Kumar and Ors. as these appeals arise out of the same award and incident. These appeals have been directed by the appellant against the award dated 27.10.2003 passed by learned Motor Accident Claims Tribunal, Bhiwani for setting aside the same and the appellant be absolved from the liability. The facts are being taken from FAO No. 566 of 2004.

(2.) Briefly, it is alleged that on 26.11.1998 at about 3.00 a.m., Sunil Kumar (petitioner) accompanied by Sajjan Kumar was traveling in Maruti Car (Esteem) bearing registration No. HR-16A-5842 and they were on their journey from Bhiwani to Dadri. Sajjan Kumar was driving the said car whereas Sunil Kumar was sitting along with on the front seat. When the car reached near village Kitlana, all of a sudden, a "Neel Cow" came near and in front of car from the side of village Kitlana. Sajjan Kumar tried to save the "Neel Cow" and the vehicle and in that process, the vehicle became uncontrolled so Sajjan Kumar applied brakes and then the vehicle turned turtle. Both the petitioners received serious injuries in the said accident and further car was also damaged in toto. Since, the petitioners became unconscious, they were taken to General Hospital, Charkhi Dadri and after giving first aid, both of them were referred to PGI MS Rohtak for treatment. In the meantime and immediately after the accident, relatives of both the injured received information and instead of taking Sajjan Kumar to PGI MS Rohtak, he was got admitted in Chadha Nursing Home, Rohtak, where he remained admitted and got treatment for substantial period. It is further pleaded that Sajjan Kumar had received grievous injuries on his person in the said accident and for treatment of said injuries he has already incurred several lacs of rupees. Sajjan Kumar was aged about 30 years at the time of accident and he was earning a sum of Rs. 8000/- per month at the relevant time by doing business in Dadri. Petitioner Sajjan Kumar has claimed compensation amounting to Rs. 8,00,000/- along with interest @ 18% per annum on account of injuries suffered by him in the accident.

(3.) Petitioner- Sunil Kumar was admitted in PGI MS Rohtak but finding no effective treatment there, he was got discharged and then taken to Apollo Hospital, New Delhi, where he was treated for substantial period. Since, Sunil Kumar sustained grievous injuries on his person in the said accident and for treatment of said injuries he has already incurred a sum of Rs. 10,00,000/-. Sunil Kumar was aged about 30 years at the time of accident and he was earning a sum of Rs. 10,000/- per month at the relevant time by doing business in Dadri. Petitioner Sunil Kumar has claimed compensation amounting to Rs. 15,00,000/- along with interest @ 18% per annum on account of injuries suffered by him in the accident.