Kaushal Jayendra Thaker, J. - (1.) Heard Sri S.K. Kakkar, learned counsel for appellant, Sri R.O.V.S. Chauhan, learned counsel for respondents and perused the record.
(2.) This appeal has been preferred against the judgment and award dated 29.01.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Etawah (hereinafter referred to as 'Tribunal') awarding a sum of Rs.5,11,108/- alongwith interest @ 6% per annum as compensation to the claimant.
(3.) The brief facts leading to filing of this litigation is that the original claimants instituted a claim petition claiming Rs.10,93,000/- with interest jointly and severally from the owner of the vehicle as well as the insurer. Yogendra Pratap Singh was injured in the vehicle accident dated 2.03.2001 at about 4:30 p.m. The petitioner was standing outside his house and Eicher Canter bearing No. DL-1L/1258 came from the side of Bidhuna. The petitioner was rushed to Primary Health Centre, Bidhuna wherefrom he was sent to Kanpur for further treatment. He was an indoor patient from 3.03.2001 to 17.03.2001 and his right upper limb was amputated from his left elbow. There were to operation, one in 3.03.2001, the petitioner had its own self business and claim to be earning Rs.7,500 per month. Due to the said injuries, he had to stop his business. The criminal case came to be lodged against Sriprakash, who was the owner of the vehicle. The owner of the vehicle filed his written submission, he has denied the accident altogether. The Canter, according to the owner of the vehicle was insured with Oriental Insurance Company Ltd and, therefore, they would be liable to pay the compensation. The insurance company denied the contentions' of petitioner. The vehicle being insured by them was negatived and in the alternative they have raised the defence that the driver of the said vehicle did not possess proper driving licence and, therefore, there was breach of policy condition. The Tribunal after calculating the loss holding that as there was no breach of policy and that the driver of transport vehicle had proper driving licence, assessed the disability of injured as 75%.;