KAILASH GAMBHIR
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
HAR LAL – Respondent
JUDGMENT :
Kailash Gambhir, J.
1. Present appeal arises out of the award of compensation passed by learned Motor Accidents Claims Tribunal on 10.2.2006. Learned Tribunal awarded a total amount of Rs. 12,95,000 with an interest at the rate of 6 per cent per annum for the injuries sustained by the claimant in the motor accident.
2. Brief summary of facts of the case to deal with contentions raised by the parties are as under:
That the claimant Har Lal, aged about 50 years, sustained grievous injuries on 20.7.2003 at about 6 p.m. at Delhi-Hapur Road near Achheja village within the jurisdiction of P.S. Hapur Kotwali, Hapur, U.P. when his motor cycle bearing No. HR 33-D 8678 on which he was riding was allegedly hit by a tanker bearing No. UP 14-B 5121 at a fast speed in a rash and reckless manner. The motor cycle was dragged by the tanker to some distance as a result his right hand was severed at the spot. Thereafter, he was taken to Khan Nursing Home, Hapur by the public where he was given first aid and brought to St. Stephen's Hospital, Delhi, where he was medically treated for the right severed hand and right leg below knee which was also crushed under the tanker and ultimately the right
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