- (1.) We have heard Mr. S.K. Kakkar, learned counsel for appellant-insurance company., and Mr. Ram Kumar Dubey, learned counsel appearing for respondent No. 1 (claimant). The insurer of Indica car No. U.P.-14-AC-2616 has challenged the award dated 1.1.2013 passed by the M.A.C.T./Addl. District Judge. Court No. 6, Ghaziabad (hereafter, the Tribunal), in M.A.C.P. No. 253 of 2011, whereby a compensation of Rs. 15,02,600, together with simple interest at the rate of 7 per cent per month from the date of filing the petition till final payment, had been awarded to respondent No. 1 on account of grievous injuries received by him in the motor accident and the appellant has been directed to indemnify the award to the extent of 50 per cent.
(2.) It appears that on 16.3.2011 the claimant-respondent, alongwith his friend Padam Raj Tyagi, was returning back home in the said car driven by his aforementioned friend. When he took U-turn near an outpost of Sector 9 at about 11:30 p.m., the driver of truck No. HR-58/4417, coming from Meerut side, and driving the vehicle rashly and negligently, dashed with the aforesaid car causing injuries to the claimant and his friend. Both the injured were admitted for treatment in Gargi Hospital, Rajnagar, Ghaziabad, Since the condition of the claimant was precarious, he was shifted to and admitted in the Fortis Hospital, N.O.I.D.A., on 17.3.2011, where he is still under treatment.
(3.) The report of the accident was lodged by Padam Raj Tyagi on 17.3.2011 in P.S. Kavinagar, Ghaziabad, against the driver of the aforesaid truck which was insured by the appellant.;