NEW INDIA ASSURANCE COMPANY LIMITED Vs. TUFAIL AHMAD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 31.07.2007 passed by the learned Additional District Judge, FTC.III-cum-Motor Accident Claims Tribunal, Samastipur in Claim Case No.7/1994 by which the appellant has been directed to pay a sum of Rs.2,85,000/- with interest.

(2.) The case of the claimant, in brief, is that on 29.07.1993 Anwar Ahmad Sabri @ Mohini Babu (original Respondent No.1) was going from Samastipur to Satanpur by Maxi Tata 407 bearing registration no. BR-33P-2507. It was being driven rashly and negligently and dashed against the Jeep coming from opposite direction, as a result of which, the right hand of claimant was cut and fell down, even then, Tata Maxi was not stopped by the Driver and it reached Satanpur. The injured was brought to the Nursing Home and his right hand was amputated by the doctor in operation. The FIR (Ext.3) was lodged as Mushrigharari P.S. Case No.53/1993 under Sections 279, 337, 338, 427 of the Indian Penal Code.

(3.) A petition was filed under Section 170 of the Motor Vehicles Act for permission to contest the case on behalf of the New India Assurance Company (appellant). The insurance company contested the case by filing written statement and asserted that the Mini Bus 407 was insured by the New India Assurance Company Limited from 9.04.1994 to 8.04.1995, whereas, the date of occurrence is 29.07.1993, as such, it was not liable to pay the amount of compensation. The claimant is of 67 years and after the age of 60 years, the man remains of no use. So, question of compensation of huge amount of age group of man of 67 years does not arise and prayed to dismiss the claim case.