NATIONAL INSURANCE COMPANY Vs. NARINDER SHARMA
LAWS(HPH)-1997-5-63
HIGH COURT OF HIMACHAL PRADESH
Decided on May 23,1997

NATIONAL INSURANCE COMPANY Appellant
VERSUS
NARINDER SHARMA Respondents

JUDGEMENT

ARUN KUMAR GOEL,J. - (1.)We purpose to take up both these appeals together as they have arisen out of common award passed by the Motor Accident Claims Tribunal -I, Solan.
(2.)In F.A.O. No. 173 of 1992, Insurance Company is the appellant and claimant, driver and owner have been arrayed as respondents, whereas F.A.O. No. 180 of 1992 has been filed by Narinder Shanna, (hereinafter referred to as the claim ant), wherein ManmohairSihgh, (hereinafter referred to as the driver), Sonu Dcvinder Pal, (hereinafter referred to as the owner) and National Insurances Company, (hereinafter referred to as the Insurance Company) have been arrayed as the respondents.
(3.)Brief facts giving rise to thus case are that the claimant filed M.A.C. Petitioner No.84 -S/2 of 1989 under Section 110 -A of the Motor Vehicles Act wherein compensation was claimed by him for having sustained leg injury in a motor vehicle accident which was being driven by the driver, belonged to the owner and was insured with the Insurance Company. As per averments made in the claim petition, the claimant was coming out of the public urinal located on the Mall, Solan near the office of Deputy Commissioner, Solan when he was hit by a Maruti Van which" was being driven by the driver and belonged to the owner. The accident was the resolt of rash and negligent driving on the part of driver of the Van, that too on the wrong side of the road. As a result of the impact of the accident, the claimant was thrown from the Mall Road on the Railway Station road which was below the Mall Road. Multiple injuries including fracture of his leg arc stated to have been sustained by the claimant. In order to get himself treated, the claimant remained under treatment in Civil Hospital, SoJan, C.M.C. Ludhiana, Rajindra Hospital, Patiala and Post Graduate Institute, Chandigarh. The extent of permanent dis -ability sustained by the claimant is a result of this accident was certified to be 45% which was the result of compound fracture of his left leg.


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