- (1.) The instant appeal arises out of a judgment and Award dated 17th December 2008 passed by the Presiding Officer, Motor Vehicle Accidents Claim Tribunal, Ranchi, in Compensation Case No. 35 of 2003. The appeal has been preferred by the Oriental Insurance Co. Ltd. Challenging the Award to a tune of Rs. 16,48,887/-, which was liable to be paid by the insurer-Appellant to the opposite party, who has suffered a permanent disability.
(2.) The facts of the case are that the claimant Dr. Thakur Surendra Kumar Singh was traveling in his Maruti car bearing registration No. BR-26A-0949 from Latehar to Ranchi. When he reached near village Hutap River Bridge on NH-75, then all of a sudden a truck bearing registration No. JH-03A-1124, which was being driven rashly and negligently by the driver came from the opposite side and violently dashed with his Maruti car, as a result the doctor/ claimant sustained grievous multiple injuries on his person and the car was also badly damaged. Dr. Thakur Surendra Kumar Singh was taken to a nearby hospital at Latehar for his first aid and subsequently he was referred to R.M.C.H., Ranchi. A first information report was also registered on 10.12.2002 against the driver of the truck. After investigation the police submitted charge sheet under Sections 279 and 338 of the Indian Penal Code against the driver Brijnandan Prasad Mehta.
(3.) The claim set up by the injured was that he was posted as a doctor at R.M.C.H., Ranchi and was getting salary of Rs. 15,098/-At the time of accident he was a surgeon. He sustained multiple grievous fracture injuries on almost all parts of his body including on his chest and face. He was finally referred to All India Institute of Medical Science, New Delhi and also under went medical treatment at Safdarganj Medical Hospital, New Delhi, and also at Pune. The fracture injuries received by the claimant entailed lengthy surgery including plating, nailing as well as screwing operations as well as plaster from chest to toe of his right leg. The claimant had undergone a number of other operations on his person. He suffered from physical pain as well as mental agony and was bed ridden for about eight months. He was unable to discharge his daily routine works and the treatment called specialized surgery. The claimant himself was a surgeon and passed a masters degree in Surgery. He also had a diploma as an anesthesiologist but after the accident he is unable to perform any surgery as his disability is to the extent of 70%. His disability certificate is on record.;