UNITED INDIA INSURANCE CO.LTD Vs. HEERALAL SAHNI

JUDGEMENT

(1.) THIS is an appeal preferred by insurer opposite party appellant against judgment dated 14 th April 2004 passed in M.A.C.T. Claim Case No. 7/1996 by 1 st Additional District Judge ­ cum ­ Motor Accident Claim Tribunal ­ 6th , Begusarai, awarding a sum of Rs. 3,00,000/- as a compensation to the disablement suffered by claimant respondent with interest @ 9%, if the award is not paid within two months from the date of the order.

(2.) THE relevant facts of the case is that claimant respondent owner and driver of a Auto Rickshaw aged about 35 years sustained injuries by way of permane nt disablement of 70% caused in a accident on 18.07.1995 relating to which Sanha No. 255 was also lodged with Mansahi Police Station. He further claimed that he was earning Rs. 10,000/- per month from Auto Rickshaw purchased under self employment scheme and Rs. 25,000/- spended towards doctor, operation and treatment etc., mental loss Rs. 25,000/-, dependency Rs. 50,000/- totaling Rs. 3 lacs from the insurer of Auto Rickshaw bearing no. BR09-8371 dashed by unknown tractor who was coming from opposite direction rashly.

(3.) AND the insurer simply filed Exhibit 8, photocopy of policy schedule, Exhibit ­ B, surveyor's report, and on consideration of all such materials claim tribunal arrived at the conclusion that out of total amount of compensation Rs. 7,56,000/-, the claimant respondent is entitled for half of the same i.e. Rs. 3,78,000/- from the insurer. For the remaining, it was owner/insurer of the Tractor's liability and since only Rs. 3 lacs has been claimed directed the amount so claimed against which no objection by way of appeal or cross objection has been raised by the claimant respondent.