Eqbal & Roy, JJ. - (1.) This appeal has been filed by the appellant insurance company against the judgment and award dated 1.12.2005 passed by Mr. D.G.R. Patnaik, District Judge- cum- Motor Accidents Claims Tribunal, Koderma, in Claim Case No. 13 of 2003 whereby he has directed appellant/ opposite party No. 3, New India Assurance Co. Ltd. to pay the compensation of Rs. 3,58,646 being the awarded amount to the applicant/respondent No. 1 along with interest calculated at the rate of 9 per cent per annum on the principal amount from 25.6.2003 till the date of final payment.
(2.) It appears that respondent No. 1 who is by profession a legal practitioner, was returning to his house at Jhumri Telaiya after attending the court, i.e., Hazaribagh Civil Court on 27.5.2002. He was travelling as a passenger on a Trekker having the registration No. JH 02-A 8225 accompanied by other passengers in the same vehicle. Respondent No. 1 (applicant) has stated that the driver of the Trekker was driving the vehicle at a breakneck speed in a rash and negligent manner and when the vehicle reached near Karso Plant, it dashed against the rear side of truck which was parked on the left flank of Ranchi- Patna Road. As a result of the heavy impact, the passengers who were travelling in the Trekker sustained injuries. One of them, namely, Rameshwar Paswan died at the spot while another passenger, namely, Sunil Soni died subsequently. Applicant/ respondent No. 1 Umesh Prasad Gupta had also sustained multiple grievous injuries including fracture of his left leg (femur bone) and fracture of his right arm besides fracture of five ribs and the nasal bridge. Several persons from the nearby villages arrived and brought the injured persons to the Barhi Hospital for medical treatment. The matter was reported to the police and a criminal case was registered against the driver of the offending Trekker. Respondent No. 1/applicant, hereinafter referred to as 'the injured', after receiving preliminary medical treatment at Barhi Government Hospital, was brought to Imam Clinic of Jhumri Telaiya where he obtained medical treatment. Later on, he was referred for appropriate medical treatment to Sisir Seva Kendra at Ranchi and he was treated by the leading orthopaedic surgeon Dr. Amit Mukherjee. He remained in the aforesaid Seva Kendra as an indoor patient from 28.5.2005 to 16.6.2005. The injured adds that in spite of the surgical operation for treatment of the femur bone of his left leg and placement of steel rod and plates, he is suffering from deformity on account of shortening of his left leg which has rendered him handicapped and permanently disabled. The injured further adds that as a consequence of injuries sustained by him in the accident, he has suffered pain and suffering, loss of expectation of life, discomfort. On account of this injury he has incurred expenses for his treatment. He was earning Rs. 4,000 (rupees four thousand) per month as legal practitioner and his age was 44 years at the time of the accident.
(3.) In response to the notice the opposite party No. 1, Ranjit Kumar and New India Assurance Co. Ltd., opposite party No. 3 filed their written statement. The proceeding before Claims Tribunal was ex parte against the opposite party Nos. 1 and 2 and only insurance company, opposite party No. 3, contested the matter. It has been admitted by Ranjit Kumar, owner of the vehicle that the vehicle was insured and covered under policy of insurance under New India Assurance Co. Ltd., Ranchi and the insurance was valid from 27.2.2002 to 26.2.2003 and the driver of the vehicle possesses valid and effective licence and he has not committed any breach of contract of insurance.;