ORIENTAL INSURANCE CO LTD Vs. NANAK CHAND

JUDGEMENT

(1.) THE insurance company has filed the present appeal assailing the impugned award dated 29. 11. 2003 passed by the Motor Accidents Claims tribunal (II), Mandi, H. P. in M. A. C. T. No. 101 of 1996 titled as Nanak Chand v. Kaji ram.

(2.) NANAK Chand, respondent No. 1, (hereinafter referred to as 'the claimant')filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation of Rs. 4,00,000 for the injuries sustained by him in an accident which took place on 18. 4. 1996 at village Naulakha, sunder Nagar, District Mandi, H. P.

(3.) THE claimant as pillion rider was travelling on the National Highway 21 on scooter No. HP 34-2235, being driven by het Ram when tractor No. HP 31-4038 being driven by Kazi Ram-respondent No. 2 herein was ahead of them. All of a sudden without giving any signal, respondent no. 2 turned the tractor to the right to join the Naulakha-Chattar Link Road. Noticing the same, Het Ram tried his best to avoid the collision by immediately applying the brakes and bringing the scooter to halt, but, however, the hind portion of the tractor struck the scooter and both the occupants of the scooter fell down and sustained injuries. The claimant was taken first to the civil Hospital, Sunder Nagar and then to the Zonal Hospital, Mandi where he was admitted and given medical treatment. In the said accident, the claimant received permanent disability to the extent of 60 per cent and had to be discharged from the i. T. B. P. where he was permanently employed.