R.S.CHAUHAN,J. - (1.) ORIENTAL Insurance Co. Ltd. is aggrieved by the award dated speed from behind and hit him. The truck 22.7.2010 passed by the Motor Accidents Claims Tribunal, Dungarpur ('the learned Tribunal', for short) whereby the learned Tribunal has awarded a compenastion of Rs. 13,88,239 along with interest at the rate of 6 per cent per annum to the claimant-respondent No.1.
(2.) BRIEFLY the facts of the case are that Deepak Kumar, respondent No. 1, filed a claim petition wherein he claimed that on 8.8.2007, around 6 o'clock in the evening, while he was returning from Bichiwara Ashapura Temple, a truck bearing registration No. HR66-B 2997 came at a high speed from behind and hit him. The truck ran over his left leg thereby crushing it. Initially, he was medically examined at Bichiwara and subsequently had to be rushed to Gujarat. During his treatment, his left leg had to be amputated from below the left keen. Moreover, according to him, at the time of the accident he was 30 years old and was running a shop in the name and style of M/s. Deepak Traders; he was earning Rs. 18,000 per month. However, due to the said accident, he is unable to carry out the running of his business as he has suffered 75 per cent disablement. The insurance company submitted its reply and merely claimed that the compensation amount prayed by respondent is on the higher side. Moreover, there was no negligence on the part of the truck driver.
(3.) IN order to buttress his case, the respondent No. 1 examined himself as a witness and submitted 37 documents. The insurance company neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, the learned Tribunal awarded the compensation as mentioned above. Hence, this appeal by the insurance company.;