UNITED INDIA INSUARANCE CO LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) Since the appeal and the cross-objection relate to award dated 30-9-2009 passed by Judge, Motor Accident Claims Tribunal, Jaipur in Claim Case No. 1620/2007, they are being disposed by this common judgment.

(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(3.) Facts in brief are that on 2-5-2007 at about 7 a.m. Vijay Kumar was going on his Hero Puch bearing No. RJ 14 32 M 4833 from his house to the High Court for duty. When he was nearing Ambedkar Circle after crossing Janpath, opposite LIC office then Santro Car bearing No. DL 3 C AB 4515 hit the claimant from back resulted in accident. The FIR bearing No. 115/2007 was lodged before the Police Station, Jyoti Nagar, Jaipur on 18-5-2007 stating therein that he received injuries on his body and his right hand. The passerby colleagues took him to the SMS Hospital for treatment where he was admitted on 2-5-2007 and discharged on 9-5-2007. The FIR was lodged on 18-5-2007 on account of busy in the treatment. The Medical Board issued a disability certificate on 11-2-2008 for 18.68% disablement due to operation of Ulna bone of right hand. The claimant filed claim petition before the MACT.