UNITED INDIA INSURANCE CO. LTD Vs. KHURAM PARVEIZ

JUDGEMENT

(1.) Challenge has been thrown to the judgment-Award dated 27th of November, 2007 passed by Motor Accidents Claims Tribunal, Budgam in a claim petition titled Khuram Parveiz v. United India Insurance Co. Ltd. and another, hereinafter for short as 'impugned award', on the grounds taken in the memo of appeal.

(2.) Petitioners have examined Mehraj-ud-din Wagay, Shariq Nazir, Mohd. Asif, and Dr. Shamsudin Bari as their witnesses and also appeared himself in the witness box. Insurer-appellant despite providing sufficient opportunities has not examined any witness in rebuttal. Thus the evidence led by the claimant-respondent has remained unrebutted. Petitioner has deposed that he was traveling in a Tata Sumo on 20.4.2004 and was monitoring the election in Sogam Lolab. Driver has driven the vehicle rashly and negligently, had he taken enough care, could have avoided the accident. One of the passengers Asiya Jeelani sustained injuries and succumbed to the injuries in Hospital while as driver died on spot. Petitioner was also taken to SMHS Hospital wherefrom he was taken to SKIMS, his left leg was finally amputated. He was discharged from SKIMS and taken to St. Stephen's Hospital-private hospital in Delhi where he remained under treatment for 1 and = month and was operated four times. He was earning Rs. 15,000/- per month. An artificial limb was planted at the cost of Rs. 3.50 lacs and also has spent Rs. 40,000/- as other charges. Though he has done Masters in Professional Journalism but due to permanent disability is not in a position to pursue the profession. The witnesses have deposed that the claimant/ respondent became victim of vehicular accident while traveling in a TATA Sumo which was hit by a mine blast on 20.4.2004. He was admitted in SMHS Hospital Srinagar and referred to Soura and his left leg was amputated. He was earning Rs. 15,000/- per month as a Coordinator with J&K Coalition of Civil Society. He is 21 years of age. The accident has affected his monthly income, shattered his physical frame and virtually his life has become hell.

(3.) Dr. Shamsudin Bari stated that claimant-respondent was under his treatment and his left leg was amputated and the procedure was done at SKIMS, Soura. He has issued the medical certificate exhibited as EXP-M. The petitioner of his own went to Delhi for treatment. He has over 50% permanent disability and has purchased artificial limb, which is planted, requires constant medical care throughout.