NATIONAL INSURANCE COMPANY LTD. Vs. RAM LAL

JUDGEMENT

(1.) THE appellant has assailed the judgment and award dated 28.12.2005, made by the Motor Accident Claims Tribunal, -II Hamirpur in MAC Petition No. 65 of 2003/22 of 2005, titled Ram Lal versus National Insurance Company Ltd. and others, whereby the claim petition filed by the claimant came be granted and compensation to the tune of Rs. 5,15,000/ - alongwith interest @ 6% came to be awarded in favour of the claimant and against the driver and owner with command to the appellant -insurer to satisfy the award, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.

(2.) RAM Lal -respondent No. 1 herein invoked the jurisdiction of the Motor Accident Claims Tribunal for the grant of compensation to the tune of Rs. 12 lacs, as per the break -ups given in the claim petition. It is averred that on 22.7.2003, he was sitting in a rain shelter on the side of the road at Kuthera on Hamirpur Sujanpur road. At about 1 p.m. respondent No. 3 Sanjeev Kumar came from Sujanpur side driving Truck bearing registration No. HP -11 -0717, owned by respondent No. 2 Ramesh Kumar, in a rash and negligent manner and struck his truck against the rain shelter as a result of which it had fallen down. The claimant had sustained multiple injuries because of this accident and his six teeth were broken. He had also suffered two fractures in his left leg which was broken from thigh as well as near the ankle and subsequently his foot was amputated. He has become permanent disabled and he was not in a position to walk and is always dependent on others and that he has a large family to support.

(3.) THE following issues came to be framed by the Tribunal.