UNION OF INDIA AND ANOTHER Vs. BISHAMBAR LAL

JUDGEMENT

(1.) This CIMA is directed against the judgment and award dated 7- 8- 2009, passed by the Motor Accident Claims Tribunal, Jammu, in a Claim Petition, titled as Bishamber Lal v. Darshan Singh and another, whereby an award of L 3,09,000/- along with interest @ 7.5% from the date of filing of claim petition till its realisation came to be granted in favour of claimant-respondent (for short, impugned award), on the grounds taken in the appeal. Brief facts :

(2.) On 2-2-2001, Tipper, bearing registration No. 97E-69108 (hereinafter called as 'offending vehicle'), which was being driven by appellant No. 2, Darshan Singh, rashly and negligently, hit the scooter, bearing registration No. JK02A-4196, which was corning from opposite side, near Bagga Marh Morh, R. S. Pura, as a result of which claimant, respondent herein, as well as one pillion rider sustained multiple injuries. Claimant- respondent was admitted to Government Medical College, Jammu vide MRD No. 255994 and MLC No. 5540. Thereafter, some operations were conducted as his both the legs were badly affected.

(3.) A claim petition came to be filed by the claimant-respondent before the Motor Accidents Claims Tribunal, Jammu claiming compensation to the tune of L 11,28,500/- as per the break-ups given in the claim petition.