NATIONAL INSURANCE CO LTD Vs. GURDEEP SINGH

JUDGEMENT

(1.) MOTOR Accident Claim Tribunal. Jammu awarded an amount of compensation in the sum of Rs. 1,25,000 inclusive of the interim relief already received with 12% interest, under various heads in respect of the injuries sustained by claimant/respondent No. I Gurdeep Singh on his left leg and for which he was operated upon and remained admitted in the hospital and suffered un -bearable pain and agony, in following the ratio of the judgment of the Apex Court in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. and others. 1995 ACJ 38.

(2.) THE award passed by the Motor Accident Claims Tribunal. Jammu was however, stood challenged by the National Insurance Company before the learned Single Judge on the following grounds: 1, That Court has mis -appreciated the evidence. The cover note of the Insurance Policy in question in fact was issued on 15 -04 -1996 and the accident had taken place on 12 -04 -1996. The award is excessive and the injured had not suffered any wound, injury or head injury.

(3.) , Learned Single Judge after estimating assessing and appreciating the evidence did not find any merit in the contention raised by the appellant Insurance Company and confirmed the award passed by the Tribunal. Appellant, not satisfied with the findings returned by the learned Single Judge in upholding the award passed by Tribunal, impugned its correctness before us in this LPA.