IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 108 of 2006 The Oriental Insurance Co. Ltd. … Appellant Versus Bahadur Singh Bisht & another … Respondents Mr. V.K. Kohli, senior Advocate, assisted by Mr. I.P.Kohli, Advocate for appellant Mr. Pradeep Hairiya, Advocate for respondent no. 1 Dated: July 24, 2008 Hon’ble B.C. Kandpal, J. This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 31.01.2006 passed by Motor Accident Claims Tribunal/Additional District Judge/FTC-1, Haldwani, District Nainital, in Motor Accident Claim Case No. 211 of 2004, Shri Bahadur Singh versus Shri Prashant Joshi and others, whereby claim of claimant was allowed for a sum of Rs.2,16,700/- and opposite party no. 2-National Insurance Co. Ltd. was directed to pay the same. Brief facts of the case as narrated in claim petition are that on 23.07.2004 claimant Bahadur Singh Bisht was going on foot to Haldwani Market from his residence Malli Bamauri and at about 2.45 p.m. when he reached near Surabhi Colony Donhariya-Mukhani Road, an animal came at the road and suddenly a Motorcycle bearing No. U.A.04A/4480, coming from rear side, which was being driven by Prashant, in order to save the animal hit the claimant, as a consequence of which claimant fell on the road and was grievously 2 injured. The claimant alleged that said accident occurred due to rash and negligence of motorcyclist and Rupees Two Lacs was incurred on treatment of claimant. The claimant prayed that he be awarded a sum of Rs.5,50,000/- as compensation. Opposite party no. 1-Prashant Joshi has filed written statement admitting the factum of accident and pleaded that on the date of accident his vehicle was insured with Oriental Insurance Co. Ltd., which insurance was valid w.e.f.08.08.2003 to 07.08.2004. Opposite party no.2-National Insurance Co. Ltd. pleaded in its written statement that it was not given any information with regard to said accident and the said accident had occurred due to rash and negligence of driver of Motorcycle No. U.A.04- A/4480. It has also been pleaded that claimant has not become permanent disabled and claimant is not entitled to get any compensation. It has further been stated that insurance company can only be held liable when owner of vehicle proves that on the date of accident all papers relating to his vehicle were valid and driver of vehicle was holding valid and effective driving licence. The learned Tribunal on the basis of pleadings of parties framed following issues in the claim petition: 1. Whether on 23.07.2004 when claimant was going on foot to Haldwani Market from his residence Malli Bamauri, at about 2.45 p.m. 3 near Surabhi Colony driver of Motorcycle No. U.A.04A/4480 being driven rashly and negligently, hit the claimant, due to which he sustained grievous injuries? 2. Whether at the time of said accident driver of motorcycle in question was holding valid driving licence and all the papers relating to motorcycle were valid? 3. Whether the claimant is entitled to get any compensation on account of injuries sustained by him in the accident? If yes, what amount of compensation and from whom? Parties led evidence in support of their cases. The Tribunal after having considered the material available on record and hearing learned counsel for the parties decreed the claim petition for a sum of Rs.2,16,700/- in favour of claimant, against opposite party no. 2-Oriental Insurance Co. Ltd. The Tribunal further directed that this amount of compensation is to be paid by opposite party no. 2 to the claimant within a period of one month, failing with, claimant shall also be entitled to get interest at the rate of 9% per annum from the date of filing the petition till the date of actual payment. Feeling aggrieved by the aforesaid impugned judgment and award, the appellant/insurance company has filed this appeal before this Court. Heard Sri V.K. Kohli, senior Advocate, assisted by Sri I.P. Kohli, learned counsel for appellant- 4 insurance company, Sri Pradeep Hairiya, learned counsel for respondent no. 1 and perused the record. As far as issue no. 1 regarding factum of accident is concerned, the record reveals that claimant himself has been produced as PW-1 and he has deposed that on 23.07.2004 he was going on foot to Haldwani Market from his residence Malli Bamauri and at about 2.45 p.m. when he reached near Surabhi Colony Donhariya-Mukhani Road, an animal came at the road and suddenly a Motorcycle bearing No. U.A.04A/4480 coming from rear side, which was being driven by Prashant, in order to save the animal hit the claimant, as a consequence of which claimant fell on the road and was grievously injured and he was got admitted in Krishna Nursing Home by Ganesh Singh and other people present at the place of occurrence, where he remained admitted upto 06.08.2004. Ganesh Singh, who is an eye-witness of accident, has been produced by claimant as PW-2 and he stated in his deposition that at the time of accident he was present on the place of occurrence and after the accident claimant-injured Bahadur Singh Bisht was admitted in Krishna Nursing Home. The F.I.R. of the said accident has been lodged on behalf of claimant at P.S. Haldwani and in this respect copy of F.I.R. (paper no. 6C/2) and certificate of Dr. Sanjay Juyal (paper no.6C/3) has been filed. The fact of accident has been corroborated by the evidence of eye- witness Ganesh Singh (PW-2). The Tribunal after having considered the entire evidence adduced before it came to the conclusion that on 23.07.2004 at about 2.45 p.m. when claimant was going on foot 5 to Haldwani Market from his residence Malli Bamauri, near Surabhi Colony Donhariya-Mukhani Road, Motorcycle bearing No. U.A.04A/4480 coming from rear side, which was being driven rashly and negligently by Prashant, hit the claimant, as a consequence of which claimant was grievously injured. I do not find any illegality in the finding recorded by the Tribunal in this regard and same deserves to be confirmed. As far as issue no. 2 is concerned, the record reveals that opposite party no. 1-Prashant Joshi stated in his written statement that at the time of accident all the papers of his vehicle were valid and driver was holding valid driving licence and vehicle in question was insured with Oriental Insurance Co. Ltd. and in this regard insurance cover note (paper no.14C/1) of motorcycle no. UA-04A/4480 has been filed on record, which shows that on the date of accident motorcycle in question was insured with Oriental Insurance Co. Ltd. Opposite party no. 1 also filed driving licence (paper no. 14C/2) and registration certificate (paper no. 14C/3), which clearly indicates that at the time of accident all the papers of motorcycle in question were valid and his driver was holding valid drivng licence. As far as issue no. 3 with regard to quantum of compensation is concerned, the record reveals that claimant Bahadur Singh Bisht (PW-1) stated in his deposition that after the accident he was admitted in Krishna Nursing Home, Haldwani, where he remained upto 06.08.2004. This witness further deposed that gall bladder of his stomach had busted and his legs got fractured in which rods were 6 inserted. The treatment is still going on and claimant was bed-ridden and at present he is not physically capable to walk. The claimant filed medical bills amounting to Rs.1,91,700/-. The Tribunal recorded a finding that the claimant is entitled to get that amount. Since the claimant sustained grievous injuries in the said accident, therefore, the Tribunal awarded a sum of Rs.5,000/- as additional compensation for grievous injuries. The Tribunal also awarded a sum of Rs.20,000/- for future treatment and economic loss suffered by claimant due to injuries sustained in the accident. Thus, the Tribunal awarded a total sum of Rs.1,91,700 + Rs.5,000 + Rs.20,000=Rs.2,16,700/- as compensation to the claimant, which appears to be a just and reasonable amount of compensation and needs no interference. I do not find any illegality in the method adopted by the Tribunal in calculating the amount of compensation. For the reasons stated above, the appeal lacks merit and is liable to be dismissed. The appeal is accordingly dismissed. The impugned judgment and award is hereby confirmed. The statutory amount deposited by the appellant-insurance company with this Court be remitted to the Tribunal concerned. (B.C. Kandpal, J.) SP 7