ORIENTAL INSURANCE CO LTD Vs. BINU RAM

JUDGEMENT

(1.) This case has a chequered history and the claimantinjured has been dragged from pillar to post and post to pillar for no fault of his.

(2.) The claimant-injured became the victim of a road accident, which was caused by the driver, namely Shri Thakur Chand, while driving Maruti Car, bearing registration No. DAV-125, rashly and negligently on 2nd May, 1999, at about 12 noon, near Bus Stand Karsog. The said vehicle hit the claimant-injured when he was sitting on the road side and was dragged to some distance. Thereafter, he fell into a 50 feet gorge below the road, sustained multiple injuries, was taken to Civil Hospital, Karsog, wherefrom he was referred to IGMC Shimla. He suffered paralysis and was not able to walk.

(3.) The claimant-injured is a labourer and had spent a lot of money on his treatment, was constrained to file Claim Petition No. 76 of 2001, titled as Binu Ram versus Lachhi Ram alias Laje Ram and others, before the Motor Accident Claims Tribunal (II), Mandi, H.P. (for short "the Tribunal") on 5th September, 2001, claiming compensation to the tune of Rs. 5,00,000/-, as per the breakups given in the claim petition.