KRISHAN MURARI TIWARI Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) This misc. appeal was filed by the appellant-claimant Krishan Murari Tiwari against respondent No.-1- Insurance Company and respondent No. 2-owner of the vehicle wherein after service of notice, owner of the vehicle filed a cross objection under Order 41 Rule 22 of Code of Civil Procedure against the impugned judgment and award dated 08.09.2006 passed by learned Judge Motor Accident Claim Tribunal and Special Judge, Dacoity Affected Area, Dholpur in M.A.C. No. 45/2005 whereby the claim petition filed by the claimant-appellant has been allowed and an award of Rs. 36,000/- was passed in favour of the claimant-appellant and against the cross objector-respondent No. 2 and Insurance Company was exonerated.

(2.) The brief facts of the case are that an application under Section 166 of the Motor Vehicle Act, 1988 was filed by the claimant-appellant before the learned Motor Accident Claims Tribunal and Special Judge, Dacoity Effected Area, Dholpur (hereinafter referred to as "Tribunal" for short) wherein it was stated that on 27.03.2004, when claimant was coming towards Munawa in Indica Car No. RJ-04C-2072, then near village Gagariya the car was turned down due to the rash and negligent driving of the driver of the car. Due to this accident the claimant- appellant received several injuries on the various parts of his body and he received grievous injury on the head and his right ear ditched from the body therefore he lost hearing from right ear and remained unconscious for 17 days. He claimed Rs. 4,60,000/- under various heads stating that his monthly income was Rs. 10,000/- at the time of accident, he was working as Supervisor in a private company and his age at the time of accident was 29 years.

(3.) Learned Tribunal after recording evidence and hearing parties awarded Rs. 36,000/- as compensation in favour of the appellant-claimant- Krishan Murari Tiwari with interest at the rate of 6% per annum from the date of filing claim petition i.e. 09.05.2005, the claim petition was dismissed against the Insurance Company.