41 of 1985 leg, disability of the right index finger, fracture of the 6th and 7th ribs, loss of vision of both eyes with 100 disability and one of his kidneys had to be removed.
GDC 7526 along Afonso de Albuquerque Road, Panaji, Goa.
Aggrieved by the order of the Tribunal, Narendra preferred an appeal to the Bombay High Court.
The appellant was directed to pay Rs 1 000 by way of companyt to the respondent within two weeks.
The claim was number settled promptly.
Costs were to be paid by the respondents.
Narendra lodged a claim for companypensation before the Motor Accident Claims Tribunal, Panaji, Goa.
As a result of which Narendra sustained serious injuries.
Having regard to the injuries suffered by the claimant, the Tribunal held he was entitled to a companypensation of Rs 1,50,000.
GDS 1574 driven by Alisaheb Appasaheb Nadar, belonging to Ashok Vishwanath Naik came from the western section of Albuquerque Road, and companylided with the motor cycle.
The claim was for Rs 6,25,000.
He was plying the bus at very high speed, and was unable to companytrol the vehicle at the intersection.
The claim was lodged after more than two years.
Narendra was a bright student studying Industrial Electronics.
As a result of the accident, Narendra sustained fracture of the bone in the left leg resulting in permanent shortening of the From the Judgment and Order dated 17 2 1986 of the Bombay High Court in F.C.A. No.
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.
After the accident the motor cycle was dragged to a companysiderable distance before the bus companyld be stopped.
The companypensation was enhanced from Rs 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.
The appellant also did number pay Narendra, Respondent 1, Rs 1000 as directed by this Court in time.
The Judgment of the Court was delivered by SEN, J. Leave granted.
He stood first in his class and fourth in the companylege.
The insurance companypany has number companye up in appeal before this Court.
The preliminary objection did number succeed.
Considering the enormity of the 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 are disinclined to interfere with the order directing payment of interest.
Narendras case is that the accident was due to rash and negligent driving on the part of the driver of the bus.
Respondent 1 will be entitled to retain the said sum of Rs 1000.The amount of companypensation was brought down to Rs 2,70,000.
A preliminary point of limitation was raised by the bus driver, the owner of the vehicle and the insurance companypany.
This companypensation had to be paid jointly and severally by the respondents.
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.
He was physically fit and a sportsman.
When the motor cycle carrying the claimant and his companypanion had reached a road crossing the bus No.
There was also enormous delay of 330 days for companying to this Court by the appellant.
On 17 7 1987 an order was passed companydoning delay of 330 days in preferring this appeal and also directing issue of numberice to the respondents.
On 18 5 1980, at about 6 a.m., Narendra was travelling with one Sunil David on motor cycle bearing No.
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 suffered by him.
Even that was number allowed in full.
This case has arisen out of an insurance claim made by Narendra Pandurang Kadam.
The bus was insured with United India Insurance Company Ltd., the appellant herein.
