LAWS(BOM)-2013-12-222

THE ORIENTAL INSURANCE COMPANY LIMITED Vs. TULARAM,

Decided On December 03, 2013
THE ORIENTAL INSURANCE COMPANY LIMITED Appellant
V/S
Tularam, Respondents

JUDGEMENT

(1.) THE appellant is aggrieved by judgment and award dated 22.8.2012, passed by the learned Member, Motor Accident Claims Tribunal, Wardha, under Section 166 of the Motor Vehicles Act, 1988 (for short, "of the Act"), in M.A.C.P. No. 179 of 2008, whereby the learned Tribunal partly allowed the petition holding that respondent Nos. 2 and 3 along with appellant -The Oriental Insurance Company Limited, are liable to pay compensation of Rs. 96,000/ - with interest at the rate of six percent per annum from the date of the petition till realization payable to injured Tularam Gaikwad. The facts in brief, are thus:

(2.) THE claimant was taken to "Suretech Hospital and Research Centre, Nagpur" and was admitted as an indoor patient till 7.6.2008. According to the claimant, he was required to undergo operation and surgery for his leg and hand and spent an amount of Rs. 1,75,000/ -.

(3.) THE learned counsel for the claimant on the other hand contended that the claimant had undergone surgery due to fractures suffered in his leg and hand and had to spend lot of amount. Therefore, he supported the impugned award. He has, however, not raised any cross objection in this appeal regarding the quantum of the amount of compensation.