Om Prakash, J. - (1.) These are the cross F.A.F.O.S. one filed by the New India Assurance Co. Ltd (hereinafter referred to as the insurer) and the other by the claimant against the impugned order dated 1.7.1991, made by the Motor Accidents Claims Tribunal, Allahabad awarding compensation to the claimant to the extent of Rs. 9,64,000/- as against the total claim of Rs. 52,37,000/-.
(2.) The claimant while proceeding on his motorcycle UGB 4020 on 14.11.1989 with his security guard in connection with the election of the State legislature on the G.T. Road from Allahabad to Fatehpur, met an accident at about 4.30 p.m. near village Sikandarpur Bazaha, P.S. Kokhraj, District Allahabad with a truck DIG 4565 being driven rashly and negligently by the driver. When the motor cycle of the claimant was hit by the truck, he and his security guard both fell down and the former sustained serious injuries. The claimant was removed to Swaroop Rani Hospital, Allahabad where he remained under the treatment of an Orthopaedics, namely, Dr. A.N. Verma, who consequent upon the injuries caused to the claimant had to amputate right leg of the claimant. The claimant then arranged an artificial limb from Jaipur which place he had to visit on several occasions. It is said that according to the medical opinion, the claimant suffered 90 per cent disability. It is averred that the claimant continued to work from 1976 till the date of the accident as a clerk in the chamber of one Mr. Vinod Kumar, Advocate and that prior to that he was a clerk in the chamber of Mr. K.M. Dayal, Senior Advocate. Besides being a clerk, it is averred that the claimant has agricultural land where from monthly agricultural income was Rs. 8,000/-. The claimant claimed that his monthly earning from the chamber of Mr. Vinod Kumar, Advocate was Rs. 3,000/- and that in addition to that he also worked in the chamber of another advocate Mr. Prakash Gupta wherefrom his monthly income was Rs. 1,000/-. It is said that after the accident, the claimant ceased to be a clerk and so also he lost the agricultural income. It is said that the claimant was an active social worker when the accident took place and that he was also President of the Amitabh Bachchan Friends Association of Allahabad region besides being Manager of the Kamasin Devi Junior High School and Secretary of the Rajrooppur Development Society and that he was then contesting election of M.L.A. from the Allahabad (West) Vidhan Sabha constituency.
(3.) Consequent upon the amputation of the right leg, it is said that the claimant will have to depend on an attendant or a helper throughout the life. He, therefore, claimed general damages on six counts to the tune of Rs. 1,35,000/- and special damages to the extent of Rs. 48,75,000/-on eight counts plus compensation.;