NEW INDIA ASSURANCE COMPANY LIMITED Vs. SEWA SINGH

JUDGEMENT

(1.) New India Assurance Company Limited, insurer of motorcycle No. PB-13Q-2149 has brought this appeal questioning the validity of the award dated 8.10.2010 made by the Motor Accidents Claims Tribunal, Patiala (for short, "the Tribunal"). Sewa Singh, claimant had brought a claim petition under the provisions of section 163-A of the Motor Vehicles Act, 1988 (for short, "the Act"), for grant of compensation on account of injuries suffered by him in a motor vehicle accident that book place on 3.5.2009 within the jurisdiction of Police Station Patran, District Patiala. Learned Tribunal has awarded a sum of Rs. 1,15,500/- as compensation in favour of the claimant, payable by respondent No. 2, the appellant. The facts necessary to be noticed for disposal of this appeal are as under.

(2.) On 3.5.2009 at about 7.30 p.m., Sewa Singh was returning from his village Brass after doing his duty with his employer, M/s. Vikas Concast Private Limited, Sangrur Road, Dirba, District Sangrur on a motorcycle bearing registration No. PB-13Q-2149. When he was near Nirmal College, within the jurisdiction of Police Station, Patran, all of a sudden a cow came in front of his motorcycle. The claimant applied brakes in order to save the cow but in the process, he lost control over the motorcycle and fell on the pucca road as a result of which he suffered multiple injuries all over his body including head, face etc. He had fractured his nasal bone and skull. He was taken to Amar Hospital, Patiala by his relatives, where he remained admitted from 3.5.2009 to 11.5.2009. He was operated upon for his head and facial injuries. Claiming that he has already spent a sum of Rs. 4,00,000/- on his treatment and requires another amount of Rs. 2,00,000/- for his future treatment and that he has become permanently disabled, he has brought this claim petition.

(3.) The motorcycle belonged to the employer of the claimant, who has admitted in its written statement that the claimant met with an accident on 3.5.2009 near Nirmal College. It is also admitted that he was travelling on the motorcycle when he suffered the injuries. Permanent disability suffered by the claimant is also admitted by respondent No. 1.