NATIONAL INSURANCE COMPANY LIMITED Vs. AMIT KUMAR

JUDGEMENT

(1.) The present order shall disposed of FAO No.1815 of 2013 and Cross-Objection No. 135-CI I of 2014 preferred by the Insurance Company and the claimant, respectively, against the award passed by the Motor Accident Claims Tribunal, Ludhiana, dated 11.12.2012.

(2.) A brief matrix of the facts necessary for deciding the present appeal and cross-objections are as under.

(3.) The claimant, namely, Amit Kumar stated in his claim petition that on 29.11.2008 he was going from Ludhiana side to Mundian Kalan on Chandigarh Road on a motorcycle bearing registration No.PB-10BY-6654. Tarsem Lal was pillion riding with him. At about 1.15 P.M., when they reached Mundian Khurd, a truck bearing registration No.PB-03H-1215, which was being driven by respondent No.2 herein in a rash and negligent manner, came from the opposite side and struck against the motorcycle of the claimant. As a result of the impact, claimant along with Tarsem Lal fell on the road and received multiple grievous injuries. As the condition of the claimant was serious, he was moved from Kalra Hospital, Jamalpur to C.M.C. Hospital, Ludhiana. The accident was witnessed by Parveen Kumar and Varinder Singh alias Vicky, who were following the claimant on another motorcycle. FIR No.282 dated 30.11.2008 was registered on the statement of Parveen Kumar. It was further stated in the claim petition that the claimant was 23 years of age at the time of the accident and was working as Field Officer in Esstex International, 836, Industrial Area-A, Ludhiana and was earning Rs.7,000/- per month. It was also stated that the claimant had become totally disabled as a result of the accident.