UNION OF INDIA Vs. KAMAL KRISHEN

JUDGEMENT

(1.) THIS appeal is arising out of the order -dated 21.2.1998 passed by the Presiding Officer, Motor Accident Claims Tribunal, whereby he has awarded Rs. 93,000/ - minus interim relief of Rs. 25.000/ - i.e. Rs. 68.000/ -, plus interest to the claimant/respondent.

(2.) THE road accident giving rise to this appeal under Section 173 of the Motor Vehicles Act, 1988 occurred on 2.6.1994 near Science College, REC, Jammu at 11 00 a.m.. In the said accident, Kamal Krishan, 19 years old, a student sustained fracture in his leg and, therefore Claim Petition came to be commenced by him claiming an amount of Rs. 1,20,000/ - under different heads specified in para 25 of the Claim Petition by way of compensation, against the appellant.

(3.) THE respondent, who is originally the Claimant, inter -alia, contended that he was walking near Science College, when Respondent -2, driving motor -cycle rashly and negligently proceeding towards Jewel, hit the claimant and caused the accident, as a result of which, he sustained serious injuries resulting into 10% permanent disability on account of stiffness of knee joint (right). The opponents -1 and 2. Union of India and the driver of the offending motor -cycle, appeared and contested the claim on variety of grounds specified in their demurrer filed on 10 -1 -1995. Inter -alia, controverting the allegations and claims made in the plaint itself.