NATIONAL INSURANCE CO. LTD. Vs. QAZI HILAL AHMAD

JUDGEMENT

(1.) Shri Qazi Hilal Ahmad, Respondent-1 herein on 15.7.2004 while proceeding from Srinagar to Jammu in his Maruti Car, was hit by a Truck bearing Registration No. JK03-2531 coming from the opposite direction. Respondent-1 sustained injuries and was administered medical treatment at Bones and Joints Hospital, Barzulla Srinagar. Respondent-1 on 30.09.2004 filed a claim Petitioner under Section 166 of the Motor Vehicles Act, against the Appellant and Respondents 2 and 3 in Motor Accidents Claims Tribunal (MACT), Srinagar. The Petitioner claimed compensation on account of loss of earning, future capacity to earn medical expenses etc. before the tribunal.

(2.) Respondent-1 in the claim petition (present Appellant) filed objections to the claim petition. Respondents 2 and 3 opted not to appear and contest the petition and were said ex-parte on 12.03.2005. Respondent No. 2 in the claim petition/driver of the Truck, nonetheless was examined as witness by the Appellant. Learned tribunal after the issues were settled and the parties afforded an opportunity to lead evidence in support of their respect stand, allowed the claim petition and awarded compensation of Rs. 3.35 (rupees three lacs thirty five thousand) in favour of the claimants. Respondent No. 2 in the claim petition/driver of the offending vehicle having been found to have been driven the vehicle without an effective and driving licence, was directed to pay an amount of Rs. 35,000/- out of the awarded amount. The break-up of the awarded amount was: Rs. 90,000/- on account of loss of income, Rs. 1,00,000/-on account of loss of future prospects, Rs. 60,000/- on account of tests and medicines, Rs. 10,000/- for the inconvenience, Rs. 25,000/- on account of permanent partial disability and Rs. 50,000/- on account of pains and sufferings.

(3.) The Appellant assails the award through the medium of instant appeal on the following grounds: