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2012 Supreme(Del) 1606

G.P.MITTAL
National Insurance Co. Ltd. – Appellant
Versus
R. K. Jain – Respondent


Advocates Appeared:
For the Appearing Parties:S.L. Gupta, with Ram Ashray, Sanjiv Sharma, Advocates.

JUDGMENT

G. P. Mittal, J.

1. These two Appeals (MAC APP. No.346/2010 and MAC APP. No.279/2011) arise out of a judgment dated 22.03.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,03,883/-along with interest @ 8% per annum was awarded in favour of R.K. Jain who suffered injuries in a motor accident which occurred on 21.07.1999.

2. For the sake of convenience, the Appellant National Insurance Co. Ltd. (Appellant in MAC APP. No.346/2010) shall be referred to as the Insurance Company, whereas the Cross-Objectionist (MAC APP. No.279/2011) shall be referred to as the Claimant.

3. On 21.07.1999, the Claimant was driving down his car No.DL-3CG-4426 from Bharatpur to Delhi. A truck No.RJ-25G-0104 while being driven in a rash and negligent manner by the Second Respondent hit the Claimant’s car from behind; as a result of the forceful impact windscreen of the Claimant’s car broke into pieces. Some of the screen pallets pierced on to the face and other parts of the Claimant’s body. After getting first aid in Bharatpur, the Claimant was shifted to Apollo Hospital, New Delhi. He remained admitted there from 22.07.1999 to 26.07.1999 and an ou


























































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