NATIONAL INSURANCE COMPANY LTD. Vs. SANDEEP AND OTHERS

JUDGEMENT

(1.) The present appeal has arisen from award dated 02.05.2011 passed by the Motor Accidents Claims Tribunal, Jhajjar, (for short 'the Tribunal').

(2.) The accident took place on 20.01.2005. Sandeep aged 20 years was travelling on a scooter. The scooter developed some mechanical problem and the same was parked on the side of the road. A Marsal Jeep bearing registration No. HR-63-2831 (for short 'the offending vehicle') dashed into Sandeep. As a result of the accident, he suffered grievous injuries. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') was filed on behalf of the appellant-Sandeep by his father. The claim petition was allowed ex-parte vide award dated 31.01.2007. The owner and driver of the offending vehicle moved an application for setting aside the ex-parte order. The same was allowed and they were permitted to file written statement. After due contest, the claim was decided vide award dated 02.05.2011. An amount of Rs. 4,80,000/- along with interest at the rate of 7.5% was awarded by the Tribunal. While awarding the compensation, the Tribunal considered the fact that the claimant had suffered 75% permanent disability. Permanent Disability Certificate Ex.P2 was duly proved by the deposition of Dr. S.S. Chauhan, PW3. The permanent disability certificate, apart from other disability, certified that there was intellectual impairment and hearing impairment.

(3.) The Insurance Company has filed the present appeal.