- (1.) The New India Assurance Co. Ltd. has directed the present appeal against the award dated 1.5.1991 passed by Shri S.S.Sullar, learned Motor Accident Claims Tribunal, Gurgaon vide which the claimant has been awarded Rs.1,50,000/- along with interest from the date of filing the petition till the date of realization.
(2.) The facts of the present case are that on 3.8.1989, the petitioner was driving his own Maruti Car No.DDC-4622 from Gurgaon to Rewari. When he reached near village Narsinghpura, truck bearing registration No.DEG-1999 being driven rashly and negligently by respondent No.1 coming from Rewari side collided with the Maruti Car of the petitioner as a result of which the petitioner had received multiple and grievous injuries on various parts of his body. The accident also resulted in fracture of right thigh of the petitioner. The accident had taken place solely due to rash and negligent driving by respondent No.1. The claimant has spent Rs.40,000/- on his medical treatment and Rs.20,000/- on his special diet. The factory of the petitioner remained closed from the date of the accident resulting into a net loss of Rs.3lacs including the payment of the skilled and unskilled labour.
(3.) On put to notice, respondents No.1 and 2 appeared and filed written statement inter alia denying the allegations made in the claim petition. However, it has been alleged that the accident occurred due to negligence of the petitioner himself while driving his Maruti Car.;