- (1.) We have heard Shri Saurabh Srivastava, learned counsel for the appellant the New India Assurance Co. Ltd. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 20.7.2011 passed by the MACT/ADJ-IInd, Kaushambi in the Motor Accident Claim Petition No. 20 of 2009 for Rs. 5,21,536/-.
(2.) The claimant Shri Taslim Ahmed son of Shri Shamim Ahmed is a child aged 10 years. He met with an accident on 20.1.2009, at 3.30 p.m., while coming back from school on his bicycle. He was hit by Truck No. UP-70-AT-7311 from behind. The truck was insured by the appellant company. A criminal case was registered with Crime No. 19 of 2009 under Sections 279, 337, 338 and 427 IPC.
(3.) The claimant child sufferred with serious injuries as a result of which his left leg was amputated. His disability was worked out by the Chief Medical Officer, Kaushambi, at 75% [amputation of leg with stiff ankle (R) and deformed foot (R)] vide certificate dated 16.3.2011 and was accepted by the Tribunal.;