BALBINDER SINGH Vs. NEW INDIA INSURANCE CO

JUDGEMENT

(1.) This Civil 1st Miscellaneous Appeal is directed against the judgment and award dated 31.08.2005 passed by the Motor Accidents Claims Tribunal, jammu, in File No. 429, titled as, Balvinder Singh v. The New India Insurance Company Limited & others, whereby an amount of Rs. 2,28,730/- along with interest @ 6% from the date of filing of the claim petition till its realization came to be awarded in favour of appellant-claimant and the Insurance Company, respondent No. 1 herein, has been saddled with the liability to satisfy the award (for short, impugned award), on the grounds taken in the memo of appeal. The dispute in this appeal relates to adequacy of compensation only.

(2.) Neither the Insurance Company nor the owner or the driver of offending vehicle have questioned the impugned award on any count, therefore, the same has attained finality in so far as it relates to them.

(3.) The facts in brief are that on the fateful day of 03.02.2002 at about 8:30 AM the appellant-claimant was travelling in the offending vehicle, i.e., Matador bearing registration No. JK02H-1755 and was coming to Jammu City from Narwal Bala. When the offending vehicle, which was being driven by respondent No. 3 herein, reached near Sabzi Mandi Gate, Narwal, its driver lost control over the vehicle due to excessive speed while overtaking another Matador, as a result of which it turned turtle. Appellant-claimant sustained fracture in his right leg below the knee at two places, besides injuries on other parts of the body and he was taken to Government Medical College, Jammu for treatment. An FIR to the same effect also came to be registered at Police Station Bahu Fort, Jammu.