UNION OF INDIA Vs. GHULAM MOHAMMAD NENGROO

JUDGEMENT

(1.) Brief facts giving rise to laying of Motor Accident Claim and the appeal are that the Vehicles No. DLIGB- 4919 and JK13A-3224 (Maruti Car) on 31/12/2009, collided near Kidney Hospital Sonawar Srinagar, in a Road Traffic Accident, wherein occupants of the car received injuries. A case was registered vide FIR NO. 289/2009 at Police Station Ram Munshi Bagh Srinagar, for the commission of offences U/Ss 279/337 RPC; chargesheet was laid after investigation against HC Balbir Singh driver of vehicle No. DLIGB-4919 of 3rd Bn. Of CRPF, who on his pleading guilty to the charge was convicted U/Ss 279 RPC and 337 RPC and sentenced to payment of fine of Rs.300.00 and Rs.400.00 respectively by the Court of learned Judicial Magistrate (Sub Registrar), Srinagar vide his judgment dtd. 7/5/2011.

(2.) One of the occupants namely Gh. Mohammad Nengroo of the maruti car, who had been injured in the accident and as a result disabled permanently filed a claim petition before Motor Accidents Claim Tribunal Pulwama, claiming compensation. After a full dressed trial the tribunal granted him a total compensation of Rs.3,91,600.00 together with simple interest @ 6% p.a throughout, vide judgment dtd. 5/2/2015 passed in claim No. 16 of 2010 titled Ghulam Mohammad Nengroo vs. Union of India and Ors.

(3.) Aggrieved of this award passed by the Tribunal appellants challenged the award mainly on two grounds;