JUDGMENT :

This is a claimant’s appeal, arising out of the judgment and award passed by the Motor Accidents Claims Tribunal/Additional District Judge, Court No. 1, Allahabad dated 09.04.2009 in Claim Petition No. 638 of 2005, seeking enhancement of the compensation awarded.

2. The facts giving rise to this appeal, as set out in the claim petition, are :

On 1st June, 2005, Ashish Kumar Yadav, the claimant-appellant[‘the claimant’ for short] was riding pillion on motorcycle UP 70 AF 6420, that had, in the rider’s seat, Rajesh Kumar Yadav. At about 06:30 a.m., when the two reached Village Rangpura, falling under the local limits of Police Station Soraon, District Allahabad (now Prayagraj), a dumper truck bearing Registration No. UP 70 AT 1665, driven at a high speed and negligently, approached from the opposite direction. It hit the motorcycle without sound of horn. The accident led the claimant to sustain grievous injuries. In consequence, the claimant has become permanently handicapped. At the time of the accident, the claimant was a young man of 22 years and a student. In consequence of the injuries, the claimant turned from an able-bodied man to a permanently handicapped and disabled individual. During treatment, the claimant’s right lower limb had to be amputated above the knee, leading him to develop a permanent handicap, which was assessed by the Chief Medical Officer as 50% permanent disability. The claimant had earned his bachelor’s degree and was preparing to write his competitive examinations and look for a job. The accident has left him permanently crippled to the extent that he is no longer in a position to secure a job or do business to earn his livelihood. His future has turned painful and bleak. The claimant suffers from constant pain at the situs of the grievous injury, that gives him pain and suffering permanently. It is still being treated and in future, would also require treatment and expenditure on medicines, in all likelihood. The claimant has to depend upon a special diet and take nourishing food, such as juices, fruits and tonics. He has to bear additional expenditure to buy the nourishing food required. There is inconvenience, difficulty, pessimism, that have become part of the claimant’s life. The injuries sustained in the accident and the after-effects are such that the appellant cannot live life the way he would and he cannot do his daily needs. He has to depend upon others. The likelihood is that this difficulty and dependency would continue for the remainder of his life. The injuries have caused such debilitation that the claimant cannot move about the way he earlier did, or use a vehicle for conveyance himself, as he would earlier do. The claimant, in order to compensate himself for the permanent injuries sustained, claimed a sum of 30 lacs under Section 166 of the Motor Vehicles Act, 1988[‘the Act of 1988’ for short] and 25,000/- under Section 140 of the said Act towards no-fault liability. The sum of money claimed in compensation has been sought to be awarded with interest at the rate of 18% per annum from the date of institution of the claim petition until realisation.

3. Atmanand Singh is the owner of Dumper Truck No. UP 70 AT 1665. He is opposite party No. 1 to the claim petition and respondent No. 1 to this appeal. He shall hereinafter be referred to as ‘the owner’. The New India Assurance Company Limited, Regional Office, 9th Floor, Indira Bhawan, Civil Lines, Prayagraj are the insurers of the offending dumper. They are arrayed as opposite party No. 2 to the claim petition and respondent No. 2 to this appeal. The aforesaid insurance company shall hereinafter be referred to as ‘the Insurers’.

4. The owner has put in a written statement, generally denying the allegations in the claim petition, except the fact that he is the owner of the offending vehicle. It is asserted that it was insured with the Insurers. The insurance policy was valid and effective from 24.01.2005 to 23.01.2006. It is also asse