NATIONAL INSURANCE COMPANY LTD. Vs. BHUPENDER

JUDGEMENT

(1.) The appellant has challenged the award passed by the MACT on 01.10.2013 under Section 163-A of the Motor Vehicles Act.

(2.) Learned counsel for the appellant contends that the appellant company is confining the challenge to the award only with regard to the factum of the accident having taken place and is not challenging the computation of compensation as such. He contends that the version of the claimant is improbable as the claimant who was alleged to be travelling in the vehicle was the only person who received injuries while three other occupants of the car did not receive any injury. The accident had taken place on 25.01.2012 and no complaint was filed with the police on that date although PW-9 had made a statement in this regard before the police. He also contends that independent witnesses have not been examined.

(3.) On the contrary, learned counsel for the respondents states that the compensation has been awarded under 'no fault liability'. The claimant had suffered serious injuries in the accident which had resulted to his disability to the extent of 100% from the lower limbs. He has referred to the medical report of the Indian Spinal Institute in this regard which indicates that the petitioner is paraplegic. He has also referred to the certificate Ex.PW-8/A which has been produced by the Doctor of the Indian Spinal Institute, New Delhi.