NATIONAL INSURANCE CO. LTD. Vs. KARAM SINGH

JUDGEMENT

(1.) THE Civil First Miscellaneous Appeal and Cross Appeal are the outcome of Judgment and award dated 31st of October' 2009 passed by the Motor Accident Claims Tribunal, Jammu, in claim petition titled Karam Singh v. International Institute of Driving and Maintenance & Ors., whereby and where -under compensation to the tune of Rs. 5,70,600/ - with interest @ 7.5% p.a from the date of presentation of claim petition till its realization came to be passed in favour of the claimant -respondent and against the appellant -insurer, on the grounds taken in the memo of appeal.

(2.) THE Insurer -appellant in CIMA No. 87/2010 has disputed that the compensation awarded is at higher side, whereas the appellant -claimant in the cross appeal has disputed the adequacy of the compensation awarded to the appellant -claimant. Thus, dispute in both the appeals i.e., appeal as well as cross appeal is whether the compensation awarded is just or otherwise?

(3.) CLAIMANT -respondent, namely Karam Singh, being the victim of the vehicular accident filed a claim petition before the Motor Accident Claim Tribunal, Jammu for grant of compensation on the grounds that on 6th of March' 2008 Baljeet Arora, driver of Maruti Car was driving said Maruti Car bearing No. JK02B -1500 rashly and negligently at Circular Road, hit the claimant who was driving his motor cycle bearing No. JK02Q -41 near Baba Temple, sustained grievous injuries including fracture on his right leg and was shifted to Government Medical College, Jammu where he was operated upon and skin grafting was also done. Due to the grievous injuries claimant has been rendered unable to perform his job of Carpenter from which he was earning Rs. 10,000/ - per month has been deprived from earning from his profession, cannot stand for a long time and as such is not in a position to work. He has undergone through great pain and still is in pain, lost all amenities of life as well which he was otherwise enjoying before he met with the said accident. Virtually, the injuries have made his life permanently hell rather crippled.