NATIONAL INSURANCE CO LTD Vs. MOHNA MESHRAM
LAWS(DLH)-2012-7-434
HIGH COURT OF DELHI
Decided on July 16,2012

NATIONAL INSURANCE CO LTD Appellant
VERSUS
MOHNA MESHRAM Respondents

JUDGEMENT

G.P.MITTAL,J. - (1.)THE Appellant National Insurance Company Limited impugns a judgment dated 17.02.2011 and a subsequent order dated
(2.)06.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal). 2. It is urged that one Charu Dutt suffered injuries in a motor vehicle accident which occurred on 21.10.2002 with the offending vehicle, a DTC bus No.DL-1PA-3350 while he was travelling on his two wheeler No.DL-2SAB-1158. It was further alleged that the said Charu Dutt died during the pendency of the proceedings before the Claims Tribunal and his mother was substituted in his place.
On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of bus No.DL-1PA-3350 by its driver Respondent No.2 (Devendra Kumar).

It was claimed that the deceased Charu Dutt was admitted in Indraprastha Apollo Hospital, New Delhi on 21.10.2002 and was discharged on 02.04.2003. It was further the case of the Claimant that the deceased Charu Dutt received treatment at Leelawati Hospital, Mumbai and Satayu Hospital, Nagpur.

(3.)MAJOR compensation awarded to the First Respondent is on account of the treatment purported to have been received at Shatayu Nature Care Hospital & Yoga Centre, Dhantoli, Wardha Road, Nagpur. (There is a dispute with regard to the exact name of the hospital as no such hospital is alleged to be in existence in Nagpur).
The Claims Tribunal by order dated 17.02.2011 awarded a compensation of Rs.52,97,622/- which included the compensation of Rs.52,57,622/- towards the treatment of the victim Charu Dutt.



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