- (1.) The New India Assurance Co. Ltd. has preferred this appeal against the judgment and award dated 13.8.2002 in M.A.C.P. No. 52 of 2000, Ram Mohan Dixit v. Dharmendra Singh and others passed by the Motor Accident Claims Tribunal/Additional District Judge, Auraiya. A claim petition was filed alleging that while the claimant was seated in the tractor bearing registration No. UP 70 A 4076 and was on his way from his village to Auriaya, then at around 1 p.m. at Etawah Kanpur Mughal road near Annapoorna Hotel, a truck with registration No. UP 70 80/4 645 coining from Auriaya, being rashly and negligently driven, hit the tractor in which the claimant was seated; the tractor over turned and the claimant sustained grievous injuries i.e. a fracture in his right leg. The claimant alleged medical expenses to the tune of Rs. 70,000/- were incurred and as he used to earn Rs. 3,000/- per month, his earning capacity after the injury was reduced to nil and accordingly, he prayed for compensation of Rs. 10,25,000/-.
(2.) The case proceeded ex parte against defendant Nos. 2 and 3/respondent Nos. 2 and 3 herein i.e. the owners of the offending truck. The insurance company contested the claim petition and denied the factum of accident. It alleged that both the vehicles were being run contrary to the terms and conditions of the policy and, therefore, it was not liable to indemnify; the compensation claimed is exorbitant and has no rationale basis.
(3.) The Tribunal on issues Nos. 1 and 2 pertaining to reckless and negligent driving of the truck in question and on contributory negligence found that the offending truck hit the tractor on the reverse side, overturning the tractor resulting in the injuries to the claimant, who was seated in the tractor, but contributory negligence involving the jeep was not found to be proved.;