(1.) THIS order will dispose of F.A.O. No. 796 of 1985 (Dina Nath v. Ram Dhan & Others), filed by the Claimant; Cross-Objection No. 18-CII of 1988 and the Civil Revisions No. 1031 of 1992 (National Insurance Company Ltd. v. Dina Nath & Others) both filed by the Insurance Company.
(2.) F .A.O. No. 796 of 1985 has been filed by Dina Nath, who was injured in an accident on 10.3.1982, when the Scooter No. DLW-4835, on which he was going as a pillion rider, met with an accident with a Fiat Car bearing registration No. DLF-9100, being driven by Ram Dhan, respondent No. 1, owned by Surinder Ganesh, respondent No. 2, and allegedly insured with respondent No. 3, the National Insurance Company. As a consequence of the accident, the petitioner, who was seriously injured, was first removed to B.K. Hospital, Faridabad and subsequently shifted to the All India Institute of Medical Sciences, New Delhi, where he remained admitted from 10.3.1982 to 11.8.1982. The claimant pleaded that he had incurred a huge amount of expenditure on his treatment, suffered permanent disability on account of several fractures in his body and that his future prospects had been marred on account of his injuries. He accordingly claimed a sum of Rs. two lacs by way of compensation. The Insurance Company did not put in appearances and was proceeded against ex- parte.
(3.) ON issue No. 1, the Tribunal held that the accident had happened on account of the rash and negligent driving of the offending car No. DLF-9100 by its driver-respondent No. 1. On issue No. 2, the Tribunal observed that as many as six serious injuries had been detected on the person of the injured- claimant and that he had remained admitted to the All India Institute of Medical Sciences for a period of 155 days and undergone several operations and expensive treatment alongwith special diet etc. He was accordingly allowed a sum of Rs. 7,175/- (wrongly shown as Rs. 5675/-) under the following heads :-