- (1.) THE main issue raised in this appeal, which has been preferred against the judgment and Award dated 6.1.2007 passed in Claim Case No. 80 of 2004 by the Additional Claim Tribunal,
(2.) HAZARIBAGH , is in respect of the quantum of compensation awarded by the tribunal to the appellant/claimant with regard to the alleged injury sustained by the appellant and the alleged disablement suffered by him as a result of the alleged road accident. 2. Facts of the case in brief is that on 10.4.2004 the appellant along with his wife Sunayana Devi was travelling on a Jeep bearing registration No. JH 02B 5905 on their return home. On account of the alleged rash and negligent driving of the vehicle by its driver, the vehicle dashed against the road side tree resulting in severe injuries to all the passengers of the vehicle including the appellant and his wife. Both of them were removed to the nearest hospital where they were provided first aid and thereafter, they were admitted to the local nursing home for proper medical treatment. The appellant has claimed to have sulfered multiple grievous injuries in the nature of fracture of 10th ribs and for the treatment, he was admitted to the nursing home for 10 days and ought to spend about Rs. 30,000.00 for his medical treatment. He has further claimed that he being a vegetable vendor and was earning on an average of Rs. 4,000.00 per month, had suffered loss of earnings during the period of his medical treatment and had also suffered 25% partial disablement on account of the injury which has caused him mental and physical pain and agony. A sum of Rs. 3.00 lakhs was claimed by him towards compensation, both from the owner of the offending vehicle (respondent No. 1) as well as from the insurer of the vehicle namely, the New India Assurance Company Ltd. (respondent No. 2).
(3.) BOTH the respondents had contested the claim of the claimant. The owner (respondent No. 1) has denied her liability to pay any compensation on the ground that the vehicle was covered under the policy of the New India Assurance Company Ltd. and the driver possesses a valid driving licence for driving the vehicle and she having not committed any breach of conditions of the contract of insurance, it is entirely upon the insurer to pay the liability.;