ORIENTAL INSURANCE CO LTD Vs. MEKH CHAND

JUDGEMENT

(1.) The appellant, Oriental Insurance Company Limited, has preferred this appeal assailing the Award dated 24.04.2007 passed by the learned Motor Accident Claims Tribunal, Ambala, whereby the appellant has been held liable to indemnify the award. The brief facts of the case in hand are that on 8.10.2005 at about 12.00 noon, the claimant, Mekh Singh along with one Jaswinder Singh, was going to Ambala City on his Hero Honda motorcycle bearing registration No. HR-02K-7191. When they reached near the PKR Jain Vatika School on Hisar-Ambala road, a tractor-trolley bearing registration No. HR-04-7756, being driven by the driver, Gurmail Singh, respondent No.2 herein, in a rash and negligent manner, came from the back side and hit against their motorcycle. As a result of the accident, Jaswinder Singh fell down on the kacha berm on left side of the road whereas the claimant, Mekh Chand fell on the road and his right leg was crushed under the front wheel of the offending tractor. Their motorcycle was also run over by the said tractor. The injured-claimant was removed to the Civil Hospital, Ambala. An FIR No. 138 dated 8.10.2005 was registered under Sections 279, 337, 338, 427 IPC at Police Station Sadar Ambala.

(2.) With this background, the injured-claimant, Mekh Singh preferred claim petition before the learned Tribunal seeking compensation on account of the injuries sustained by him in the vehicular accident.

(3.) From the pleadings of the parties, the following issues were framed for determination by the learned Tribunal: