NEW INDIA ASSURANCE CO. LTD. Vs. MALKIAT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 16th January, 1999 passed by Motor Accident Claims Tribunal, Ambala, who allowed the claim petition and awarded compensation of Rs. 5,57,200 with interest @ 12% for the injuries suffered by the claimant. The factual matrix; the claimant was going on his motorcycle from his Village Bhat Majra to Ambala City on 6th April, 1994 on its side. He was driving his motorcycle at a normal speed. At about 11.00 a.m. he reached Jansui Head Canal, when a red coloured tractor bearing registration No. HR -01 -6074 came from the opposite side and struck against him as it went to the extreme wrong side of the road. He fell down and suffered fracture on his right arm and multiple injuries on the body. The motorcycle was also damaged. The claimant was taken to Dr. V.K. Gupta Hospital, Pehowa from where he was referred to PGI, Chandigarh on 9th April, 1994.

(2.) THE claimant had pleaded that he suffered permanent disability up to 80% on account of amputation of his arm. The claimant had pleaded that he was earning Rs. 5,000 by selling milk. A claim of Rs. 10 lacs was laid.

(3.) NEW India Assurance Company pleaded that no accident had taken place and it was a false claim petition to extract compensation. The claim was filed after 31/2 years of the accident and the claimant had fallen from a cycle in a drunken condition and suffered a fracture on the right arm. It was pleaded that he took treatment from Mission Hospital, Pehowa and on account to some infection, he was referred to PGI, Chandigarh. It was pleaded that the claimant did not own the motorcycle and the claim was false.