NEW INDIA ASSURANCE CO LTD Vs. BABLU

JUDGEMENT

(1.) IN a case of accident, the respondent No. 1, a young boy of about 14 years, after suffering fractures in both the legs, filed a claim petition. According to the claimant, the driver of the vehicle was rash and negligent and by such act met with an accident leading to injuries to the claimant. The driver of the vehicle in his pleadings submitted that he was carrying a heart patient, therefore, he was driving at a moderate speed; neither he was rash nor he was negligent. He also submitted that three boys were going on two different cycles and by their own negligence, they met with an accident. The insurance company also denied its liability. After recording evidence and healing the parties, the trial court made the award in favour of respondent No. 1. Being dissatisfied by the said award, the insurance company has filed this appeal.

(2.) IN the appeal, it is contended by the learned Counsel for the appellant that there was no cogent evidence available on the record to record a finding that the claimant suffered fractures, the court below was unnecessarily influenced by the alleged fractures and without applying any standard of law, awarded Rs. 80,000 towards general damages and Rs. 10,000 towards the medical expenses. According to the counsel, the award suffers from the vice of excessiveness.

(3.) ON the other hand, Mr. Chakraborty, learned Counsel for respondent No. 1 submits that the insurance company would not be permitted to raise the questions regarding negligence or quantum because the defences available to the insurance company are always limited. He also submits that the evidence on record clearly proves that the respondent No. 1 suffered fractures in both the legs and even on the date when he appeared as a witness in the court, he came with the assistance of crutches.