- (1.) Heard Sri Rajeev Chaddha, learned counsel for the appellant and Sri H.P. Dube, learned counsel for the claimants-respondents.
(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Insurance Company challenging the Judgment and award dated 9.12.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Jhansi awarding a sum of Rs.16,85,000/- towards compensation along with 7% interest from the date of filing of the claim petition till actual payment.
(3.) Factual matrix of the case in brief giving rise to the dispute are as under :- An application under Section 167 read with Section 140 of the Motor Vehicles Act was preferred by claimant-respondent no.1 through his father natural guardian seeking a compensation to the tune of Rs.76.00 lakh along with 12% interest on the allegation that on 15.4.2015 when the claimant was waiting on the side of Jhansi-Kanpur national highway for a conveyance to visit Chirgaon, the offending truck bearing registration No.U.P.-93-T-9497 coming from Chirgaon side, hit him and the wheel of the offending vehicle ran over the left thigh of the claimant, on account of which the same was crushed and both his testicles were also severed. It was also pleaded that the truck which was supposed to move on the other lane besides the divider on the road was being driven on the wrong side rashly and negligently. It was also pleaded that on account of the injuries sustained in the accident the complete left leg of the claimant was amputated and because of the testicles being severed, he cannot live a normal married life. He was admitted in Jhansi Medical College but on account of serious condition, referred to Gwalior where he was admitted from 15.4.2015 to 26.4.2015, during which period, the amputation of his left leg was carried out. On account of costly medical expenses, the claimant could not continue treatment at Gwalior and was brought back to Jhansi and admitted in Sanmati Hospital, Jhansi till 15.5.2015. It was also pleaded that the claimant is still undergoing treatment and about Rs. 4.00 lakh has been incurred till that time in treatment and conveyance and there is likelihood of further expenses in treatment.;