ORIENTAL INSURANCE COMPANY LIMITED DEOGHAR BRANCH, DEOGHAR Vs. BINAY KUMAR GUPTA SON OF SURYAKANT GUPTA

JUDGEMENT

(1.) Instant appeal has arisen out of the judgment/award dated 04.06.2013 passed in M.V.A Claim Case No.29/2003 by Claim Tribunal, Deoghar (District JudgeI), whereby the appellantOriental Insurance Company Limited, the insurer of the motor cycle No.WB38F0701, has been directed to pay 50% of the compensation amount of Rs.5,89,391/, less the amount, if any, paid under section 140 of the M.V.Act, with simple interest @ 9% per annum payable from 30.03.2003 till the date of realization or payment.

(2.) Claimantbinay Kumar Gupta stated that on 11.03.2002, he was going to his village on the motor cycle bearing no.WB38F0701. It is alleged that Maruti Car bearing no.BR408906 which was being driven rashly and negligently dashed his motor cycle, as a result of which he sustained grievous injuries and suffered 60% permanent disability in the right leg.

(3.) The respondents/defendants, namely owner of the motorcycle, Maruti Van, National Insurance Company Ltd., and the defendantappellantOriential Insurance Company Ltd., filed the written statements denying the claim and their liability to pay the compensation.