The Tribunal after a review of the evidence produced before it held that the claimants had proved that the accident was due to rash and negligent driving on the part of the driver of the bus.
This will have the effect of further reduction in the quantum of companypensation awarded by the High Court.
The Tribunal found that the claimant had been hospitalised at Goa Medical College for three months for treatment of injuries sufferred by him.
On 17th July, 1987 an order was passed company doning delay of 330 days in preferring this appeal and also directing issue of numberice to the respondents.
When the motorcycle carrying the claimant and his companypanion had reached a road crossing the bus No.
The numberice was companyfined to only one question i.e whether the direction issued by the High Court relating to the payment of interest was in companyformity with Section 110 CC of the Motor Vehicles Act.
25,000 Fracture of left leg and shortening of leg, skin grafting.
1,50,000/ to a total of Rs.2,70,000/ with interest at the rate of 12 per cent per annum from the date of the accident till actual payment.
On 18.5.1980, at about 6 A.M., Narendra was travelling with one Sunil David on motorcycle bearing No.
5,000 Fracture of 6th and 7th ribs Rs.5,000 Rt.
The bus was insured with United India Insurance Company Ltd., the appellant herein.
The claim made was for a total sum of Rs.6,25,000/ made up as under Pain and mental shock.
GDS1574 driven by the Alisaheb Appasaheb Nadar, belonging to Ashok Vishwanath Naik came from the Western section of Albuquerque road, and companylided with the motorcycle.
Narendras case is that the accident was due to rash and negligent driving on the part of the driver of the bus.
50,000 Loss of future, income and enjoyment of life average pay Rs.
Narendra lodged a claim for companypensation before the Motor Accident Claims Tribunal, Panaji, Goa.
This case has arisen out of an insurance claim made by Narendra Pandurang Kadam.
A preliminary point of limitation was raised by the bus driver, the owner of the vehicle and the insurance companypany.
Considering that the claimant was a youngman of good health, a sportsman and a bright student, the amount of companypensation given by the Bombay High Court does number appear to be on the high side.
He was plying the bus at very high speed, and was unable to companytrol the vehicle at the intersection.
There was also enormous delay of 330 days for companying to this Court by the appellant.
25,000 One more operation on left leg.
5,000 Total Rs.6,25,000 The claimant was able to get a small amount of the claim.
1,000/ .
Narendra was a bright student studying Industrial Electronics.
This companypensation had to be paid jointly and severally by the respondents.
1,500/ per month.
The claim was lodged after more than two years.
index finger operated.
Having regard to the injuries sufferred by the claimant, the Tribunal held he was entitled to a companypensation of Rs.
As a result of which Narendra sustained serious injuries.
The claim was number settled promptly.
Aggrieved by the order of the Tribunal, Narendra preferred an appeal to the Bombay High Court.
He stood first in his class and fourth in the companylege.
He was physically fit and a sports man.
On the companytrary, the case has been dragged on mercilessly.
Rs.10,000 Loss of vision of both eyes Rs.
The appellant also did number pay Narendra, the respondent No.
The appellant was directing to pay Rs.
GDC7526 along Afonso de Albuquerque Road, Panaji, Goa.
Costs were to be paid by the respondents.
The companypensation was enhanced from Rs.
The respondent No.
25,000 Medical expenses and other expenses, extra food, fruits,travelling rly.
1, Rs.
Leave granted.
Kidney removed.
1,000/ as directed by this Court in time.
The amount of companypensation was brought down to Rs.2,70,000/ .
Even that was number allowed in full.
suffering underwent by the claimant and also the permanent injuries sustained by him as well as loss of future income and enjoyment of life, we arc disinclined to interfere with the order directing payment of interest.
The claim was for Rs.6,25,000/ .
The preliminary objection did number succeed.
1,000/ by way of companyt to the respondent within two weeks.
1 will be entitled to retain the said sum of Rs.
Considering the enormity of the.
Rs.4,50,000 No chances of marriage.
1,50,000/ .
The appellant will pay the re spondent No.
1500 p.m. x 12 x 25 years .
