BAJAJ ALLIANZ GENERAL INSURANCE COMPANY Vs. SALMAN BASHIR

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 26th September 2012, passed by Motor Accident Claims Tribunal, Anantnag (for short "Tribunal") on a Claim Petition bearing File no.43/Claim, titled Salman Bashir v. Farooq Ahmad Bhat and others, directing appellant Insurance Company to pay compensation in the amount of Rs.11,75,000/- along with 7.5% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

(2.) A claim petition, as is discernible from perusal of the file, was filed by respondent/claimant before the Tribunal on 27th June 2009, averring therein that he got injured on 2nd December 2009 when he was hit by speedy Tata Sumo bearing Registration no.JK03A-7221, owned by respondent no.2 herein. Objections were filed by appellant Insurance Company. On the basis of pleadings, four issues were framed by the Tribunal. Claimant and appellant Insurance Company led evidence in support of their stand. And the Trial Court after deciding all the issues passed impugned Award.

(3.) According to learned counsel for appellant Insurance Company, the Tribunal erred in awarding compensation of Rs.11.75 Lakhs as noninvolvement of offending vehicle in accident cannot be ruled out as claimants have filed FIR after a period of three months from the date of occurrence. Such a submission of learned counsel for appellant Insurance Company is without any substance. He asserts that it is not proved in evidence that injured has suffered permanent disability because of accident.