NATIONAL INSURANCE COMPANY Vs. SHIV SHANKAR SINGH

JUDGEMENT

(1.) BOTH the appeals arising out of common judgment and award by 1st Additional district Judge-cum-M. V. Act, Jamshedpur in compensation Case No. 77 of 1992 on 19th april, 2004 have been taken up together with consent of the parties.

(2.) BRIEF facts leading to these appeals are that one Jyotirmoy Choudhary met with an accident on 13th June, 1992 on NH 33 while he was driving his Ambassador car bearing registration No. BHN 5414 then truck bearing registration No. WGB 5229 coming from opposite side in high speed dashed the car. The said truck was insured by the appellant in m. A. No. 192 of 2004. The National Insurance company Limited, Midnapur, West Bengal. The appellant in M. A. No. 167 of 2004 Jyotirmoy choudhary had to undergo a prolonged treatment for the grievous injuries including various fractures on his body. The treatment is still continuing for which the appellant in m. A. No. 167 of 2004 had to incur heavy expenses detailed in the claim petition and present memorandum of appeal.

(3.) THE factum of accident, subsequent treatments and rash and negligent driving by the truck driver is not under dispute in these appeals. The learned Claims Tribunal has awarded a sum of Rs. 12,28,000 (Rupees twelve lacs twenty eight thousand) under different heads with interest of 8% per annum from 25th July, 2000 ).