NEW INDIA INSURANCE COMPANY LIMITED Vs. SATYA PRAKASH

JUDGEMENT

(1.) The appellant-New India Insurance Company Ltd. is insurer of the Jeep bearing registration No.RJ-21C-5056. The appellant has challenged the award dtd. 4/3/2008 passed by the Motor Accident Claims Tribunal, Khetri in Claim Case No.59/2006, by Additional District Judge, Khetri, whereby the learned Tribunal awarded Rs.7,97,850.00 in favour of the injured-Satya Prakash, respondent No.1 herein along with 9% interest from the date of application.

(2.) Undisputed facts of the case are that on 25/5/2006, Satya Prakash was a pillion rider on the motorcycle being driven by Ajay Kumar Bhargava (A.W.2). Case of the claimant is that as soon as the motorcycle reached near Khetri Bus Stand, the rash and negligent Jeep above mentioned dashed against the motorcycle causing fracture of tibia and fibula on left leg. The injury resulted in permanent disability. For the accident aforesaid, FIR No.163/2006 was registered with Khetri Police Station. After investigation of the case, police submitted charge-sheet against the driver of above referred Jeep with the conclusion that the accident was as a result of rash and negligent driving of the jeep driver.

(3.) Two witnesses were produced by the claimant before the Tribunal besides several documentary evidences. No evidence was led by the defendants of the claim case. Appellant was one of the defendants.