NATIONAL INSURANCE COMPANY LTD. Vs. HARDEEP SINGH

JUDGEMENT

(1.) The Civil First Miscellaneous Appeal on hand, is directed against the award dated 17.2.2006 passed by Motor Accident Claims Tribunal, Jammu in claim petition titled "Hardeep Singh v. National Insurance Company and Ors. " (124/Claims) awarding Rs. 6,00,880/-as compensation to the claimants on account of permanent disability suffered by the claimant in a vehicular accident on 31.5.2002. The background facts are as under:-

(2.) The Tribunal on perusal of the pleadings settled following issues:-

(3.) The respondent No. 1 stepped in the witness box and examined PWs Jai Parkash, Mohan Singh and Dr. Lovi Padha in support of his claim. The respondents choose not to adduce any evidence either to discharge, onus to prove issues 3 and 4 or to rebut evidence adduced by the appellant. However, the appellant's application under section 170 Motor Vehicles Act was allowed vide order dated 1st September, 2005 and the appellant permitted to set up all those defences as were available to the respondents 2 and 3.