LAWS(J&K)-2011-9-28

VINOD KUMAR SHARMA Vs. KAMAL SINGH

Decided On September 09, 2011
VINOD KUMAR SHARMA Appellant
V/S
KAMAL SINGH Respondents

JUDGEMENT

(1.) The appellant sustained serious injuries on 23rd December, 1996, when vehicle (Mini Bus) No. JK02E-0149 in which the appellant was travelling met with an accident at Nagrota, Jammu. The appellant filed claim petition registered as No. 460/Claims before Motor Accident Claims Tribunal, Jammu. The Tribunal passed an award on 31st December, 2002 and assessed Rs. 25, 000/- as compensation payable to the appellant on account of medical expenses, pain and suffering and loss of amenities of life.

(2.) The appellant not satisfied with the compensation assessed, has filed instant Civil First Miscellaneous Appeal. The appellant is aggrieved of the award on the grounds that the Tribunal has not appreciated the evidence brought on the file in right perspective, ignored statement of Dr. Anil Gupta, as regards the nature of injuries suffered and medical expenses incurred by the appellant. The appellant is said to have completely ignored to grant any compensation on account of expenses incurred on transportation, special diet, on arranging services of attendant, and on account of loss of expectations of life. The Tribunal is said to have ignored and brushed aside the evidence brought on the file. It is pleaded that the appellant after the vehicular accident has lost his job and because of accident he is not in a position to pursue the activities that the appellant pursued before the accident.

(3.) I have gone through the memoranda of appeal and have heard learned counsel for the parties.