UNITED INDIA INSURANCE COMPANY Vs. SERAJUDDIN

JUDGEMENT

(1.) Heard.

(2.) Miscellaneous Appeal No.214 of 2014 has been filed on behalf of United India Insurance Company Ltd. whereas, Miscellaneous Appeal No. 257 of 2014 has been filed on behalf of Reliance General Insurance Company Ltd. and Miscellaneous Appeal No.511 of 2014 has been filed on behalf of claimant against the judgment dated 01.10.2013 and Award dated 28.10.2013/14.05.2014 passed by learned ad hoc Additional District Judge-II-cum- Motor Accident Claims Tribunal, Hajipur, Vaishali passed in Claim Case No.17 of 2011.

(3.) Briefly stated the facts of the case is that claimant Md. Serajuddin aged about 60 years was driving Truck No.NL-05D 4249 of Saizar Enterprises Private Limited and was going to Bangalore from Jamshedpur and as his truck reached Nellore when another truck AP-26 W 9176 which was coming from behind and was being driven in a rash and negligent manner dashed against the truck of claimant from behind as a result of which cleaner of the truck which was being driven by the claimant suffered serious injury and died on the spot whereas, claimant also suffered grievous injury and was taken to hospital and became permanently disabled and eyesight of right eye was lost and eyesight of left eye was diminished and he was granted 50 % disability certificate by the doctor. On account of permanent disability, he was unable to drive the vehicle and also needed one attendant for his movement.