NATIONAL INSURANCE CO LTD Vs. GEETA NAGPAL

JUDGEMENT

(1.) DEVINDER Nagpal, Kewal Nagpal, Geeta Nagpal and Anju Nagpal commenced their journey from Jammu to Amritsar on 19.1.1997, by Maruti car No. JK 02-D 5449. The car, however, met with an accident at about 8.30 a.m. near village Ghagwal, on the National Highway, when it was hit by a bus bearing registration No. JKS 9535, which was coming from the opposite direction. All the occupants of the car sustained injuries as a result of the accident. They were taken to Military Hospital, Samba for first aid and thereafter to Government Medical College & Hospital, Jammu for treatment. The injured, who were in serious condition, were airlifted to Delhi for better treatment. DEVINDER Nagpal succumbed to the injuries on 6.2.1997 in the hospital at Delhi.

(2.) DESPITE best efforts of the doctors, Kewal Nagpal could not recover from the injuries and was rendered 100 per cent disabled as a result of grievous injuries to the spinal cord.

(3.) BOTH the claim petitions were contested by National Insurance Co. Ltd. with which the offending bus stood insured at the time of the accident.