NATIONAL INSURANCE COMPANY LIMITED Vs. TARA CHAND

JUDGEMENT

(1.) The above said application has been filed by the applicant-appellant National Insurance Co. Ltd. under section 5 of the Limitation Act for condonation of delay in filing the appeal against the award dated 7.12.2001 passed by Motor Accidents Claims Tribunal, Solan in M.A.C. Petition No. 64-S/2 of 1998.

(2.) Claimant Tara Chand, respondent No. 1 herein, has filed M.A.C. Petition No. 64-S/2 of 1998 on the file of Motor Accidents Claims Tribunal, Solan, under section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 6,12,000 on account of the injuries suffered by him in the accident. The claimant was the driver of Canter vehicle No. HP 15-1590. On 27.9.1998 the claimant was driving the said vehicle from Kumarhati to Nahan on the highway. Bus No. HP 14-3376 being driven by Raj Kumar, the respondent No. 2 herein in a rash and negligent manner struck against the vehicle of the claimant at a place known Gandhi Gram. The claimant suffered multiple fractures to his right leg below knee. The heel of the right leg was severely mutilated and was later on amputated through operation at P.G.I., Chandigarh, where claimant remained admitted for 15 days. The offending bus is owned by Pratap Singh, respondent No. 3 and insured with the appellant insurance company. Joginder Singh, respondent No. 4 herein, is the owner of Canter vehicle No. HP 15-1590. Whereas United India Insurance Co. Ltd., respondent No. 5 herein, is the insurer of Canter vehicle.

(3.) The claimant filed the claim petition for the grant of compensation. The claim petition has been allowed by the Claims Tribunal below on 7.12.2001. A total sum of Rs. 3,13,600 has been awarded to the claimant and against the respondent Raj Kumar, the appellant insurance company and respondent Pratap Singh jointly and severally and directed to be paid by appellant insurance company within 30 days from the said order with interest at the rate of 12 per cent per annum till the final payment or realisation.