ORIENTAL INSURANCE CO Vs. MANGAT RAM

JUDGEMENT

(1.) By means of this judgment, two appeals, particulars whereof are given in the heading of this judgment, are being disposed of, as both of them are directed against the same award, i.e. award dated 10.6.2005, of the Motor Accident Claims Tribunal. One appeal, i.e. FAO(MVA) 332 of 2005, has been filed by Insurance Company, assailing the finding and the order, that it being the insurer, is liable to satisfy the award. Second appeal, i.e. FAO(MVA) 254 of 2006, has been filed by the claimant, seeking enhancement of compensation.

(2.) Facts, relevant for the disposal of the two appeals, may be noticed. Mangat Ram, appellant in FAO(MVA) 254 of 2006, filed a petition, under Section 166 of the Motor Vehicles Act, seeking award of compensation, for the injuries, sustained by him, in an accident of truck No. PUC - 4785. Claimant-appellant, Mangat Ram, was travelling by a bus, bearing registration No. HP-20-4801. Truck No. PUC- 4785 rammed into the bus. It was allegedly being driven in a rash or negligent manner. Appellant-claimant Mangat Ram sustained fracture of both the legs, fracture of hip joint and also fracture of left arm. He remained under treatment at Dayanand Medical College and Hospital and spent a huge amount of money. He was employed as a driver before the occurrence of accident and used to earn Rs. 5,000/- per month, as salary and allowances, being driver. Injuries resulted in his permanent disability to the extent of 40%, on account of fracture of lower limbs, i.e. the legs. Claimant pleaded that at the time of accident, his age was 45 years. He claimed a sum of Rs. 5,00,000/-, by way of compensation.

(3.) The driver and the owner of the truck, as also the Insurance Company, with which the truck was insured for third party risk, were impleaded as respondents. Owner and driver of the truck denied that accident occurred, because of rash or negligent driving of the truck.