ORIENTAL INSURANCE CO LTD Vs. NAZIR AHMAD CHOWDHARY

JUDGEMENT

(1.) On 16.6.2000, the passenger vehicle bearing registration mark JK 02-D 7077 fell into a 200 ft deep gorge. The accident is attributed to the alleged negligence of the driver of the said vehicle. Some passengers lost their lives and some suffered injuries. Respondent No. 1 (for short 'the claimant') was one such passenger who suffered grievous injuries in the said accident.

(2.) Once recovered, claimant filed claim petition before learned Motor Accidents Claims Tribunal, Srinagar (for short 'the Tribunal'), claiming therein compensation for an amount of Rs. 40,05,000. The basis of the filing of the claim petition is that the claimant because of the accident suffered compound fracture LI with bladder disturbance and monoplegia in left leg. The claimant claimed to have suffered permanent disability of spine with limb. In the claim petition, monthly income was stated to be Rs. 15,000 and age was stated to be 30 years. The basis of filing the claim petition was that because of the accident the claimant suffered permanent disability and was thus disabled to earn livelihood for himself and also for his family members.

(3.) The case F.J.R. No. 54 of 2000 under sections 279, 337 and 304-A, R.P.C., was registered with Police Station Jhajjar Kotli. The vehicle was admittedly insured on the date the accident took place.