- (1.) J. C. S. Rawat, J. This appeal under section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 15-02-2003 passed by the Motor Accidents Claims Tribunal (hereinafter referred as Tribu nal'), Uttarkashi in M. A. C. R No. 29 / 2001, whereby the learned Tribunal had awarded a sum of Rs. 20,90,000/- as compensation alongwith interest @ 9% per annum to the claimant-injured against the New India Assurance Com pany Ltd.- appellant.
(2.) BRIEF facts of the case are that the claimant- Dinesh Nautiyal (respond ent No. 1) had filed a claim petition be fore the Tribunal alleging therein that on 21-10-2000 he was travelling towards Mainol from Bhrahmkhal in offending Jeep No. UP 0/-F-0499, which was be ing driven rashly and negligently by its driver / owner Prem Lal Sah (respond ent no. 2 ). It was further alleged in the claim petition that the driver of the of fending jeep lost his control over it and due to which it fell into a ditch. The claimant- Dinesh Nautiyal had sustained the grievous injuries on his person. An FIR of the said incident was lodged. The injured-claimant was taken to civil hos pital, Uttarkashi from where he was re ferred to Himaliyan Institute Hospital, Jolligrant for his treatment. Thereafter, he was referred to Indian Spinal Injuries Center, New Delhi where he was treated, but he could not regain his health cent-percent. It was further alleged in the claim petition by the claimant-injured that he was medically examined by a medical board, who gave a certificate of 100% permanent disability. It had also been alleged that the respondent no. 1 -injured was the Incarge, Block Develop ment Officer, Development Block, Dudda. He was aged about 42 years and was earning Rs. 10. 000/- pm. at the time of incident. In this way, an amount of Rs. 31,80,000/- had been claimed as compensation. The opposite parties filed their written statements and contested the case. The New India Assurance Comappellant had alleged in the written statement that the offending jeep had no valid registration, permit and fitness cer tificate at the relevant time. The acci dent took place not due to carelessness of jeep's driver, but due to locking of its steering. The New India Assurance Com.- appellant had further alleged that the driver had no valid driving licence at the time of accident. The respondent No. 2- Prem Lal Sah, who was the driver and owner of the offending jeep, had also filed the written statement in which he had alleged that he was not rash and negligent at the time of accident and the accident occurred due to the locking of the jeep's steering and he lost the con trol over it and it fell into a ditch. The respondent no. 2- Prem Lal Sah had fur ther alleged that he was not liable to pay the compensation to the claimant-in jured. It was further alleged that offend ing jeep was insured with the New India Assurance Company- appellant. On the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the offending jeep fell into the ditch due to rash and negligent driving of its driver- Prem Lal Sah and due to which the claimant-injured had suffered the grievous injuries on his person. It was further held that the jeep's driver had a valid driving licence at the material time and the offending jeep had also a valid registration, permit and the fitness cer tificate at the relevant time. The injured-claimant became permanent disabled due to the injuries sustained in the ac cident. It was further held that after the accident he was not able to perform his duties. The learned Tribunal had as sessed the age of the injured as 42 years. It was further held that he was earning a sum of Rs. 10,000/- pm or say Rs. 1,20. 000/- per annum. The learned Tribunal had applied the multiplier of "14". Thus, the Tribunal had awarded a sum of Rs. 16,80,000/- as compensa tion. Apart this, Rs. 4,10,000/- for the medical treatment had been awarded to the injured-claimant. In this way, the learned Tribunal had awarded the com pensation of Rs. 20,90,000/- alongwith interest @ 9% per annum in favour of the claimant-injured against the appel lant- The New India Assurance Com. Ltd.
(3.) FEELING aggrieved by this, the New India Assurance Com. Ltd. appellant has preferred the present appeal. Perusal of the record reveals that an application under section 170 of the Motor Vehicles Act was moved by the New India Assurance Company Ltd. for permission to contest the case on mer its. The learned Tribunal had allowed the application vide its order dated 14-06-2002.;