GOURI SHANKER Vs. MOHD. IQBAL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 13.06.2014 delivered by the Presiding Officer, Motor Accidents Claims Tribunal, Jammu in Claim No.24/2012, whereby the claimant-Gouri Shanker has been held entitled to receive compensation for an amount of Rs.3,19,000/- along with pendentelite and future interest @ 7.5% per annum except on the amount of loss of future income from the owner payable by insurance company with right to recover the same from the owner-insured.

(2.) The facts as borne out from the record are that a Tipper bearing No.JK11- 4837, while being driven rashly and negligently, hit the appellant-claimant on 25.03.2011 at about 10.30 AM at Yard No.6, Narwal, Jammu, as a result of which received injuries and his left leg got fractured. Firstly, he remained admitted in Bee Enn Charitable Hospital, Jammu and thereafter he was operated upon in a hospital at Amritsar (Punjab). The petitioner as per the disability certificate issued by the Board of Doctors suffered a permanent disability of 30% which when compared to whole body shall be reduced by 50%.

(3.) Appellant-Gouri Shanker filed a claim petition before the learned Tribunal and the learned Tribunal passed the award dated 13.06.2014 holding the appellant entitled to receive compensation for an amount of Rs.3,19,000/- along with pendentelite and future interest @ 7.5% per annum except on the amount of loss of future income from the owner payable by insurance company with right to recover the same from the owner-insured. Being not satisfied the appellant has filed the instant appeal seeking enhancement of the award.