- (1.) Aggrieved by the award dated 02.02.2013 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur, both the insurance company and the claimant have filed two separate appeals before this court. Since both these appeals arise out of the same impugned award, they are being decided by this common judgment.
(2.) The facts of the case are being taken from the appeal filed by the insurance company, namely S.B. Civil Misc. Appeal No.869/13.
(3.) Raj Kumar, the claimant, was working as a skilled driver on Truck No.HR66-4613 on 15.4.2008. While he and the other driver, Sudarshan, were coming from Narnol to Jaipur, near Village Pragpura, Sudarshan stopped the truck in order to answer the call of nature. While Raj Kumar was sitting inside the truck, suddenly a Trailer, bearing registration No.HR47-C-0241, being driven rashly and negligently, came and hit the truck from the back. Consequently, Raj Kumar suffered certain injuries on both his hands, on both his legs, on his face, on his chest, and most importantly, he suffered a fracture of the backbone. Consequently he became totally paralyzed. Initially he went into a coma. Initially he was admitted to the B.D.M. Hospital. Subsequently he was referred to the SMS Hospital at Jaipur. He has undergone a few operations. At the time of accident, he was twenty nine years old; he was earning about Rs.12,000/- per month. Due to his physical immobility, he has to keep a attendant for the rest of his life. Therefore, he filed a claim petition before the learned Tribunal. In order to support his case, he had examined four witnesses and submitted nineteen documents. The insurance company neither examined any witness, nor submitted any document.;