UNION OF INDIA Vs. YAKUB

JUDGEMENT

(1.) Yakub (for short claimant), aged 40 years, met with an accident with army vehicle make jonga bearing registration No.92B-52046H being driven by one Hav. Jasbir Singh of 4 Dogra Regiment on 28.04.1999 and received injuries as a pillion rider on a scooter bearing registration No.JK02F-7461, whereas one Ramesh Chander, who was driving the said scooter died in it. A criminal case (FIR No.113/1999) was registered against aforesaid Hav. Jasbir Singh under Sections 279/337/338/304-A RPC, in which, he was ultimately acquitted.

(2.) The claimant filed a petition praying for compensation under Section 166 of Motor Vehicles Act, 1988 (for short the Act) to the tune of Rs.8,50,000/- (Rupees eight lacs fifty thousands only) under various heads. Learned Motor Accidents Claim Tribunal Jammu (for short the Tribunal) has held him entitled to compensation of Rs.1,40,000/- in all with simple interest at the rate of 7% p.a. except interest on pecuniary damages from the date of institution of the petition till realization of the award money. Aggrieved of the said award, the appellants-Union of India & another have preferred CIMA No.129/2008 and Cross Appeal (C ) No.07/2009 by the claimant for enhancement of the compensation. Hence, these two appeals have been clubbed together for disposal by this Court. It is averred by the claimant that on the date of accident, he was sitting on the scooter bearing No.JK02F- 7461 being driven by Ramesh Chander (since deceased) and when they were proceeding towards Udhampur at Garhi (place of accident), one army jonga bearing No. 92B-52046H being plied by Hav. Jasbir Singh of 4 Dogra Regiment came from the opposite direction in a rash and negligent manner and at a very high speed, hit the scooter resulting into death of Ramesh Chander and multiple injuries to the claimant. It is then averred by the claimant that he suffered head injury and compound fracture right femur, for which, he remained admitted in Udhampur Hospital for sometime, where from he was referred to Government Medical College & Hospital Jammu, where he remained admitted from 28.04.1999 to 17.06.1999. He was operated upon and a rod was put in his right leg. The disability of the claimant of right lower limb has been assessed as 15% with no chance of any improvement in near future. The claimant asserted that on account of the aforesaid disability, he was unable to bend his leg after the accident or even walk at a reasonable pace. So far as expenditure is concerned, the claimant averred that he had spent more than Rs.60,000/- on his treatment and anticipated another expenditure of Rs.20,000/- for undergoing further surgery for the removal of implant.

(3.) He averred that at the time of accident, he was working as Pastor in KEF Church, Jyotipuram Reasi, earning Rs.6,000/- per month by performing religious ceremonies at the time of marriage and other functions of the Christian Community.