NATIONAL INSURANCE COMPANY LIMITED Vs. MOHAMMAD AKBAR MAGRAY

JUDGEMENT

(1.) Impugned in this Appeal is the Award dated 11th September 2018, passed by Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") on a claim petition, bearing File no.24 of 2017, titled as Mohammad Akbar Magray v. National Insurance Company Limited, on the grounds mentioned therein.

(2.) Heard and considered.

(3.) Perusal of record on the file reveals that respondent/claimant is an Advocate by profession. He suffered injury while he was driving his Maruti Car bearing Registration no.JK04A-4877 on Bagh-e-Mehtab, Channapora, Road, when a mob appeared on the spot, which was intercepted by security forces, which resulted in clashes between protesters and security forces. The protesters started pelting stones upon security forces; due to which claimant's vehicle came under heavy stone pelting and one of the stone hit his face. His Mandible Jaw bones are stated to have broken into pieces. He was immediately shifted to hospital, where he underwent multiple surgeries. It is further pleaded that the accident has taken place out of use of offending vehicle and in this regard, it is averred in the claim petition that claimant/respondent is of the age of 54 years. Claimant/Respondent, sought compensation to the tune of Rs. 15.00 lac.