ADARSH GUPTA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This Judgment shall dispose of MA No. 413/2012 which arises out of impugned award dtd. 9/5/2012 passed by learned Motor Accidents Claims Tribunal, Rajouri, (for short MACT, Rajouri) whereby an amount of Rs.6,39,000.00 was awarded in favour of claimant/appellant No. 1 alongwith interest @ 6% per annum from the date of filing of claim petition till its realization.

(2.) Factual matrix of this case, as gathered from the impugned award, is that on 8/8/2007, a young man lost his life in a tragic road accident in the prime of his youth when he was travelling in a Maruti Car bearing Registration No. JK02V/4099. The vehicle was being driven by respondent No. 2 herein in a rash and negligent manner and when the vehicle reached near Sujanpur (Punjab), the driver lost control over the vehicle after which the vehicle collided with an Eucalyptus tree, as a result thereof deceased died on spot. The deceased, Dr. Abhinav Gupta was Final Year MBBS student in Acharya Shri Chander College of Medical Sciences and Hospital Jammu, and had taken his final year examination about 2/3 days before the unfortunate accident.

(3.) Claimants filed a claim petition before the learned MACT, Rajouri for claiming compensation on account of death of the deceased. National Insurance Company Ltd. contested the claim petition and following issues came to be framed: