ORIENTAL INSURANCE CO LTD Vs. DIVA SHANKAR RAI

JUDGEMENT

(1.) THIS miscellaneous appeal has been preferred by the appellants (Oriental Insurance Co. Ltd. and another)against the judgment dated 5. 2. 2000 passed by Mr. Baikunth Nath Shahi, Additional district Judge-cum-Additional Motor accidents Claims Tribunal, Begusarai in claim Case No. 25 of 1993 whereby he has awarded compensation of Rs. 6,32,000 to the injured-claimant (respondent No. 1)with interest at the rate of 12 per cent per annum for injury sustained by him in a motor vehicle accident.

(2.) THE brief facts of the case are as follows: on 21. 1. 1993 at 4. 30 p. m. the claimant (Diva Shankar Rai) was returning back to his house along with his villagers, namely, raj Kishore Rai and Ram Naresh Rai after viewing a wrestling competition. As soon as he reached the metalled road, a Tata maxi bearing registration No. BRI 2151 which was being rashly and negligently driven by its driver came from northern side and knocked down the claimant. As a result of dashing by the said Tata Maxi, the claimant (Diva Shankar Rai) received severe injuries and became unconscious. However, the driver drove away Tata Maxi towards Begusarai. The injured-claimant was removed to the clinic of Dr. Ashok kumar Sharma at Begusarai and he was treated by the said doctor where in course of his treatment, the injured regained his consciousness and then his fardbeyan was recorded by the police. Thereafter, on the basis of the said statement, Muffasil P. S. Case No. 23 of 1993 was registered under sections 279, 337 and 338 of the Indian penal Code. Later on, Begusarai Police submitted charge-sheet in the said case against the driver of Tata Maxi after completing investigation.

(3.) IT has been stated in the claim application that at the time of the accident the claimant was a student of B. Sc. Part I, but due to the said accident he became permanently disabled and his academic career as well as of opportunity of getting better job were completely ruined. He also became ill-health and handicapped and is unable to enjoy the pleasure of life. It is said that at the time of accident, the claimant was aged about 19 years and was maintaining good health and, therefore, the claimant has claimed compensation at Rs. 2,00,000 towards permanent disability, Rs. 1,00,000 towards loss of academic career and opportunity of getting job, Rs. 2,00,000 towards decay in his health and amenities of life and Rs. 1,00,000 towards co-operation and financial assistance which he would have extended to his family and Rs. 20,000 for treatment and purchase of medicines.