ANIL KUMAR, J. - (1.) HEARD Shri Bhanu Prakash Dubey, learned counsel for the appellant, Shri Saket Gupta, learned counsel for the respondent.
(2.) THE factual controversy involved in the present case is that Shri Narendra Kumar/claimant was going to Itaunja from own home. As soon as he reached Sitapur Road near Chandra Petrol Pump, roadways bus bearing registration No. U.P. 25 -G -8924 was crushed him due to rash and negligent driving on the part of his driver as a result of which he sustained grievous injuries. Later on, he was admitted in medical college for medical treatment from 20.03.2007 to 27.03.2007. Thereafter, due to serious injuries, he was admitted in Trauma Centre from 23.03.2007 to 14.04.2007. Further, in addition to the said hospitalization, the Shri Narendra Kumar has got medical treatment and due to accident in question, his right leg was amputated.
(3.) IN view of the above said factual background, in order to get the compensation, a claim petition bearing No.241 of 2007 has been filed. Thereafter. the Tribunal by judgment and award dated 25.05.2010 has allowed the same with a direction that a sum of Rs.3,82,000/ - shall be paid by the Insurance Co. along with 6% interest from the date of filing of the claim petition. Shri Bhanu Prakash Dubey, learned counsel for the appellant while challenging the impugned order only argued that there is no negligence on the part of the driver of the bus bearing registration No. U.P. 25 -G -8924 which is insured by the appellant, rather the accident took place due to rash and negligent on the part of the driver of motorcycle as a result of which Shri Narendra Kumar sustained injuries. So, the impugned award given by the Tribunal is contrary to the facts on record and liable to be set aside.;