- (1.) The appellant Oriental Insurance Company Ltd. has preferred this appeal against the judgment and award dated 12th February, 2007 passed by District Judge-cum-Motor Vehicle Accident Claim Tribunal, Deoghar in connection with M.V. Claim Case No.10 of 1997, whereby Respondent No.1/Claimant has been directed to be paid compensation to the extent of Rs. 5,04,000/- with interest @ 6% per annum from the date of institution of the case till the date of realisation of the compensation amount.
(2.) Brief facts of the case is that the claimant had sustained injury in a road accident, which occurred on 28th November, 1996 at about 9:00 a.m. while he was travelling on a Tata Maxi, having Registration No.BR10 8962, from Madhupur to Deoghar. The vehicle was driven rashly and negligently, as a result of which the vehicle fell down near Andhari Gadar. In the incident, one Tufani Mian died and other passengers, including Respondent No.1/Claimant, sustained injuries. It has been disclosed that Respondent No.1/Claimant had sustained fracture injury on his left leg and right ankle. He was taken to Sadar Hospital, Deoghar and from there he was referred to better hospital for his treatment. Thereafter, Respondent No.1 was treated at Anup Memorial Orthopedic Centre and Research Institute, Kankarbag, Patna. He was provided further treatment at All India Institute of Medical Sciences, New Delhi. The Respondent No.1/Claimant has also furnished disability certificate issued by the Civil Surgeon-cum-Chief Medical Officer, Jamui (Ext.4). As per the disability certificate, the claimant had sustained 50% disability due to the injury sustained on his left leg.
(3.) It was contended by the claimant before the learned Tribunal that he is trained I.T.I. and he has been working as electrician. His monthly earning is Rs. 2,000/- per month. On the basis of documents and evidence adduced by the claimant, learned Tribunal has passed the impugned judgment and award and hence this appeal.;