BALESHWAR PRASAD GUPTA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 21st February, 2007 passed by Addl. Claim Tribunal, Hazaribagh in Claim Case No. 43 of 2000 whereby he has awarded a total compensation of Rs. 61,912/-for the injury sustained by the claimant in a motor vehicle accident.

(2.) THE facts of the case lie in a narrow compass:-On 13th December, 1999 the appellant was coming to Hazaribag on a commander jeep bearing registration No. BR 13p 1101 alongwith other passengers. lt was alleged that the driver of the jeep was driving the vehicle rashly and negligently due to which the jeep fell down in a ditch and many passengers have sustained injuries. The claimant's case is that because of the grievous injury, he was hospitalized and thereafter he was treated by the doctors for the fracture of his leg and also other injuries. The claim was contested by the appellant and the respondent-owner by filing written statement. In support of the injuries and the treatment the claimants filed series of documents before the Claims Tribunal who after considering the evidence both oral and documentary recorded his evidence in paragraph 9 of the judgment holding that the claimant became permanently disabled to the extent of 60%. For better appreciation paragraph 9 of the judgment is reproduced herein below:

(3.) MR. Alok Lal, learned Counsel appearing for the respondent-Insurance Company at the very outset submitted that all the medical evidence regarding treatment and accident were not proved in support of the case that the claimant became permanently disabled to the extent of 60%.