NEW INDIA ASSURANCE CO. LTD. Vs. BINU SIDHU

JUDGEMENT

(1.) THE present appeal arises out of award dated 21.12.1998 passed in MACT Case No. 175 of 1996 by the learned Motor Accident Claims Tribunal, Karnal (for short the 'Tribunal').

(2.) CLAIMANT Binu Sidhu, respondent No. 1 herein had filed claim petition under Section 166 read with Section 163-A of the Motor Vehicles Act, 1988 (for short the 'Act') for grant of compensation to the tune of Rs. 2,55,00,000/- (two crores fifty five lacs) on account of injuries caused to him which resulted in physical disability and permanent handicapness which rendered him unfit for job. It was claimed that on account of accident, he had lost the earning capacity for ever. It was further claimed that on account the said accident, his marriage prospects have completely marred.

(3.) THE claim petition was contested by the respondents i.e. driver and owners of the Canter i.e. Smt. Kusum Lata Bansal and Sanjay Bansal, who denied the contents of the claim petition. It was claimed that the accident had occurred due to negligence of the claimant himself. However, they admitted that the Canter was insured with respondent No. 3 i.e. New India Assurance Company.