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S.K.KULSHRESTHA, J.K.MAHESHWARI
Oriental Insurance Company Ltd. – Appellant
Versus
Lacchiram – Respondent
Kulshrestha, J. -- 1. The Insurance Company has challenged the award dated 12.9.2003, passed by the Motor Accident Claims Tribunal, Shajapur in Claim Case No. 52/03, by which the Tribunal has awarded Rs. 6,35,200/to the respondent No.1 on account of amputation of left leg above knee, suffered by him. The Insurance Company, therefore, assails the quantum of compensation on the ground that the story in FIR lodged in the police station indicates that the claimant was a gratuitous passenger in a goods vehicle and that the amount is excessive for which the appellant Insurance Company had obtained permission under section 170 of the Motor Vehicles Act.
2. The factum of the accident has not been disputed by the parties. It has also not been disputed that the vehicle was insured with the appellant Company. As per the case of the claimant: on 2.11.2002 while he was standing on the road, waiting for a vehicle for going to Maksi, from the side of Sarangpur truck bearing Registration No. MPLJ-1038 driven by respondent No.3 Baneshing collided with the claimant, with the result the wheel of the truck ran over his leg causing crush injury. During treatment the leg had to be amputated
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