ORIENTAL INSURANCE CO. LTD., Vs. SURESH CHANDRA DAANGAR

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the present appeals are being heard and decided by this common order as both the appeals arise out of the same accident and common judgment.

(2.) The present appeals (one filed by Insurance Company and another filed by the claimant) have been filed against the judgment and award dated 03.10.2018 passed by learned Family Court, Banswara in Motor Accident Claims case No.217/2017 (Old No.471/2013) whereby the Tribunal awarded a sum of Rs.7,88,453/- in favour of the claimant with an interest @ 9% p.a. Brief facts of the case are that on 07.03.2012 at around 07:30 pm, Suresh while traveling on motorcycle met with an accident was dashed by Motorcycle No.RJ 03 SJ 0322 coming from opposite direction. The said motorcycle was driven rashly and negligently by its rider. In the accident, claimant Suresh Chandra Daanger sustained multiple injuries and was taken to the hospital at Banswara from where he was taken to Baroda at Specialty Center.

(3.) In the circumstances, a claim petition was preferred. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing learned counsel for the parties allowed the claim petition of the claimant vide its judgment and award dated 03.10.2018 and awarded a sum of Rs.7,88,453/- as compensation to the claimant-appellant with an interest @ 9% p.a.