UNITED INDIA INSURANCE CO LTD Vs. PABU RAM

JUDGEMENT

(1.) These two appeals have been preferred under Section 173 of the Motor Vehicles Act, 1988 ('the Act') feeling aggrieved by the judgment and award dated 26.2.1998 passed by the learned Motor Accident Claims Tribunal, Sojat ('the Tribunal'). S.B. Civil Misc. Appeal No.450/1998 has been filed by the Insurance Company questioning its liability to satisfy the award and S.B. Civil Misc. Appeal No.551/2002 has been filed by the claimant seeking enhancement of the amount awarded by the Tribunal.

(2.) The facts of the case, in brief, are that the claimant Pabu Ram alongwith his friends was travelling in a Jeep No.RJ-19C- 613 from Gujarat to Merta City, when about 2 kms. from Sojat, the jeep turned turtle. The claimant suffered injuries, which resulted in his permanent disablement.

(3.) A claim petition was filed by the claimant against the driver, owner and insurance company claiming a sum of Rs.5,78,000/- towards compensation. The compensation was claimed under various heads including loss of salary, travelling expenses, expenses for attendant and other expenses. Further sum was claimed towards pain and suffering and permanent disablement.