MOHAMMED SHABBIR Vs. TABASSUM KOUSAR

JUDGEMENT

(1.) Though this matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.

(2.) The factual matrix of the case of the claimant is that on 28/2/2009, claimant met with an accident and sustained grievous injury and immediately he was taken to KIMS hospital, wherein in he has taken treatment as inpatient. Before the accident, he was hale and healthy and working as a driver and earning Rs.5,000.00 p.m. Due to the accidental injuries, he has sustained permanently disabled and unable to do work.

(3.) In support of his claim, claimant was examined three witnesses as PWs-1 to 3 and got marked documents Exs.P.1 to 18. On the other hand, the respondents got examined three witnesses as RWs-1 and 2 and got marked two documents and the same were marked as Exs.R.1 and 2. The Tribunal after consideration of both oral and documentary evidence granted compensation of Rs.1,29,800.00 with interest at the rate of 6% p.a. and exonerated the liability of respondent No.2 and fastened the liability on respondent Nos.1 and 3, who are owner and driver respectively. Being aggrieved by the said judgment and award, the present appeal is filed by the injured claimant.