NATIONAL INSURANCE COMPANY LTD. Vs. GURMEET SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of an appeal filed by the Insurance Company and the Cross-Objections filed by respondent No. 1 Gurmit Singh against Award dated 21.12.1988 passed by the learned Motor Accidents Claims Tribunal, Ludhiana (for short 'the Tribunal') awarding a sum of Rs. 36,000/- in favour of respondent No. 1 Gurmit Singh on account of amputation of his right leg.

(2.) GURMIT Singh in his cross-objections has claimed the enhancement of compensation awarded to him. Respondent No. 1 Gurmit Singh had received multiple injuries including crushing of his leg while he was travelling in truck No. PAT-3098 on 10.10.1986 from Moga to Morinda, driven by Jeet Singh, respondent No. 2 and owned by respondent No. 3. Respondent No. 1 Gurmit Singh claimed to be an agriculturist. He used to go to Moga to sell vegetables. He was earning Rs. 14000/- to Rs. 15000/- per annum by sale of vegetables from 1-1/2 killa of land owned by him. The appellant Insurance Company, driver and owner had contested the claim petition, as a result of which the following issues were framed :-

(3.) ISSUE No. 3 was decided in favour of the driver and against the Insurance Company holding that he was holding a valid driving licence.