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2022 Supreme(P&H) 753

JAGMOHAN BANSAL
Icici Lombard General Insurance Company Limited – Appellant
Versus
Ram Niwas – Respondent


Advocates:
Mr. Rajbir Singh, Advocate for the appellant, for the Appellant; Mr. S.K.Yadav, Advocate for the respondent, for the Respondent

JUDGMENT

Jagmohan Bansal, J. - The appellant-insurance company through the instant appeal is seeking setting aside of award dated 5.3.2013 passed by Motor Accident Claims Tribunal, Narnaul (for short 'Tribunal') whereby learned Tribunal has awarded a sum of Rs. 1,07,000/- to Ram Niwas alongwith interest @ 7.5% per annum.

2. The brief facts emerging from record are that Ram Niwas- respondent-claimant on 25.9.2011 was going from his village Chhapra to Nangal Chaudhary on his motorcycle bearing registration No. HR-35F-1828 and his son Hanuman Singh son of Banwari Lal was pillion rider on the aforesaid motorcycle. A 'neel gai' (wild cow) suddenly came on the road and struck against the aforesaid motorcycle. Resultantly, the respondent fell on the road and sustained injuries on his both legs.

3. The respondent preferred claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short ' 1988 Act') seeking compensation of Rs. 20 lakhs on account of injuries sustained by him. Learned Tribunal vide award dated 5.3.2013, after considering the fact that respondent has suffered permanent disability to the extent of 8% on account of the aforesaid accident, awarded a sum of Rs. 1,07,00

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