TOUHID ANSARI Vs. ROHIT KUMAR

JUDGEMENT

(1.) Heard Mr. S.T. Rizwi, learned counsel appearing for the appellant in M.A. No. 391 of 2017 and also for respondent No. 1 in M.A. No. 451 of 2017 and Mr. Alok Lal, learned counsel appearing for the appellant-insurance company in M.A. No. 451 of 2017 and also for respondent-insurance company (respondent No. 3) in M.A. 391 of 2017.

(2.) Being aggrieved and dissatisfied with the judgment/award dtd. 22/5/2017, passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribag, in Claim Case No. 104 of 2008, these appeals have been preferred by the injured in M.A. No. 391 of 2017 for enhancement of the claim, whereas M.A. No. 451 of 2017 has been filed by the appellant-insurance company for setting aside the award.

(3.) On 23/2/2006 at about 2.00 P.M., the injured / claimant Touhid Ansari with his friend were returning from Ramgarh to his house on motorcycle. When they reached near Koriya Ghati within Mandu (Kuju) Police Station, suddenly a Dumper bearing registration no. JH-02- F-0581 was being driven by his driver rashly and negligently dashed the motorcycle, they thrown on the road, as s result of which, the injured / claimant sustained serious injury and compound fracture of the right leg and hand. He was firstly admitted to Rahat Nursing Home, Bharech Nagar for immediate treatment, but the doctors, attending him, referred to Ranchi for better treatment. The injured / claimant to get more better treatment got himself admitted to Hill View Hospital and Research Centre, Bariatu, Ranchi. The patient was admitted for treatment on 28/2/2007 and discharged on 11/3/2007. It is further stated that he suffers from permanent injury and has to take full care and precaution and to remain in medical supervision for whole of his life. The expenses of Rs.46,634.00 were made on his treatment. The claimant sustained 40% deformity as per the disability certificate issued by the Civil Surgeon-cum-Chief Medical Officer, Hazaribag. The FIR was registered and chargesheet was submitted.