ORIENTAL INSURANCE COMPANY Vs. ISHRI DEVI

JUDGEMENT

(1.) While traveling in a Bus bearing registration No. JKU- 4571 from Jammu to Udhampur on 02.04.2000, the claimant suffered injuries on account of rash and negligent driving of the said vehicle. Claim petition came to be filed before the Motor Accidents Claims Tribunal Kishtwar, seeking compensation on account of disability of the claimant to the extent of 50%, which had resulted because of rash and negligent driving of the driver of the aforesaid vehicle. The Tribunal framed five issues, which for facility of reference are reproduced as under:

(2.) After recording the evidence and hearing the parties, the Tribunal passed the award for an amount of Rs. 3,40,000 on account of the disability suffered by the claimant along with interest of 9% from the date of filing of the claim petition till its realization and the appellant was directed to pay compensation. Feeling aggrieved the present appeal has been filed. The award has been questioned on the ground that the negligence of the driver of the offending vehicle has not been proved. It is contended that reliance placed on the copy of the FIR was not sufficient to prove the act of negligence unless some witnesses also depose in favour of the same.

(3.) I have heard the learned Counsel for the parties. It is no doubt before fastening the liability the negligence is required to be proved. In the present case the only witness who has proved the accident is the claimant himself. The other witnesses have merely stated that they saw the Bus in which the claimant was traveling which skid off the road at Jaggar Kotli as a result of which claimant suffered multiple injuries and was shifted to Hospital at Jammu. The statement of the claimant cannot be brushed aside merely on the fact that it does not have corroboration. What is important to note is that the witnesses, who have deposed in favour of the claimant, have stated that claimant had suffered injuries on the account of the accident which had taken place and they had accompanied the claimant to the Hospital at Jammu.