NATIONAL INSURANCE CO. LTD Vs. DEVENDRA NAG

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant-Insurance Co. against the judgment dated 23.01.2016 read with corrected order dated 10.02.2016, passed by District Judge-I-cum-Motor Accident Claims Tribunal, Simdega in M.A.C.C. No. 11 of 2010, whereby the learned Tribunal has awarded a sum of Rs.13,71,541 with Simple Interest of 9% w.e.f. 01.04.2011 till final realization of the awarded amount.

(3.) Facts of the case in short is that on 11.11.2008, the Claimant- Ajay Sahu @ Ajay Nag was riding a Tempo bearing Reg. No. OR 14Q 9627 and going towards weekly market at Lamboi for the business purposes. In the meantime, another Tempo bearing Reg. No. OR 14 Q 6505, coming from the opposite directions dashed the tempo of Ajay Nag, as a result of which he along with other co-passengers got injured. In the said accident Ajay Sahu @ Ajay Nag sustained grievous injuries on his person especially on his right femer and right patella, proximal phalange (RT), metatarsal (RT) and other injuries. Resultantly, the Claimant-Ajay Nag became a disabled person in his prime period of life and compelled to lead a crippled life unable to perform even his routine works. In this connection Jaldega (Orga O.P.) P.S. Case No. 35 of 2008 dated 11.11.2008, under Sections 279, 337 and 338 of the IPC against the driver of Tempo bearing Reg. No. OR 14Q 6506, namely, Baliram Baraik was filed.