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J. C. DOSHI
New India Insurance Company Ltd – Appellant
Versus
Minor Malhar Shashikantbhai Thro' Guardian Shashikantbhai Kanjibhai Parmar – Respondent
JUDGMENT :
Being aggrieved and dissatisfied with the judgment and award dated 19/08/2013 rendered in MACP No.919 of 1999 by the MACT, Bhavnagar, the appellant – insurance company has filed the present appeal under Section 173 of the MV Act.
2. The facts, emerges from the record of the case are that on 19-08- 1999, the minor-son of applicants was playing nearby their society at Bhavnagar. At about 3.00 pm, the opponent No.1 came there by driving a four-wheeler vehicle bearing No.GJ-4.T 6461 rashly and negligently, in full speed and dashed his vehicle with the minor-son of the applicant. As a result thereof, he sustained (1) fracture in the forehead, (2) fracture behind the head, (3) serious injuries in the brain and so that, suffered internal haemorrhage due to which, (4) his right part of the body suffered permanent paralysis, (5) right hand and right leg became oblique, (6) eyes also became oblique and (7) lost memory power and thereby, suffered permanent neurological disability. It is further submitted that at the relevant time, the minor-victim was aged about 5 years and studying in Standard 2nd. Thus, due to the above accidental injuries, the minorvictim has suffered serious inju
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