UNITED INDIA INSURANCE COMPANY LIMITED Vs. FIZULLAH KHAN

JUDGEMENT

(1.) Impugned in this Appeal is Award dtd. 6/1/2015, passed by Motor Accident Claims Tribunal, Srinagar (for brevity "Tribunal") on a claim petition no.280/2004 titled Faizullah Khan v. Ali Akbar Khan and others, as also Order dtd. 8/12/2016, passed by the Tribunal on a Review Petition, bearing File no.110/2015, primarily on the grounds that: driver of offending vehicle was not having valid and effective driving licence; and compensation on account of medical expenses, loss of earnings, damages for pain, suffering and trauma and loss of expectations of life has been given on higher side without application of judicial mind.

(2.) Heard and considered.

(3.) A claim petition, as is discernible from record on the file, was filed by claimant/respondent no.1 before the Tribunal on 23/12/2004, averring therein that on 30/5/2004, while travelling on motorcycle bearing Registration no.JK01F-1806, he was hit by Tata Sumo, bearing Registration no.JK05-2758 on Uri Road near TCP at Challain, resulting seriously injuries to him. FIR no.32/2004 in this regard was registered in police station Boniyar. Claimant/respondent no.1 maintained that he was sole distributor of castrol products in Kashmir Valley and his monthly income was Rs.30,000.00. He claimed that he incurred Rs.2.00 Lakhs on his treatment and engaged two persons for taking his care and pay them weekly Rs.2000.00 each. Appellant Insurance Company, in its written statement before the Tribunal, insisted that in absence of policy particulars, Insurance Company is not in a position to admit or deny liability. By impugned Award, the Tribunal granted compensation in the amount of Rs.6,91,000.00 along with 4% interest from the date of claim petition till its final realization excluding the period from 11/4/2008 to 29/6/2011 when the matter was lying over as dismissed in default.