STATE Vs. KHURSHID ALAM

JUDGEMENT

(1.) Shri Khurshid Alam S/o Reshman Din R/o Village Chowadi, Tehsil Samba, District Jammu-respondent herein, on 4th February, 1997 sustained injuries when Vehicle No. JK02F 5321, in which the respondent was traveling, met with an accident on National Highway, Dadal Batote, due to the rash and negligent driving of its driver. The respondent was shifted to Government Medical College, Jammu and because of grievous injuries, referred to Christian Medical College, Ludhiana. The respondent's left leg was amputated below knee level. He also suffered multiple injuries on different part of body.

(2.) Soon after, the respondent was discharged from the hospital, he filed a claim petition before the Motor Accident Claims Tribunal, Jammu, claiming an amount of Rs. 28.60 lacs on account of compensation from the respondents-appellants herein, as owners of the offending vehicle. The appellants resisted the claim petition on the grounds that the accident was not attributable to the negligence of the driver of the of fending vehicle and that the compensation claimed was exaggerated having no nexus with the loss of income suffered by the respondent.

(3.) Learned Tribunal on perusal of the pleadings, settled following issues;