LAWS(J&K)-2013-9-21

UNITED INDIA INSURANCE CO. LTD. Vs. MADAN LAL

Decided On September 27, 2013
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
MADAN LAL Respondents

JUDGEMENT

(1.) This is appeal in Accident Claim case. Heard. I have perused the record.

(2.) On 04.03.2003, respondent No. 1 (hereinafter referred to as respondent) had boarded bus bearing registration No. JKU-0085. Respondent No. 3 was driving the bus. At a place called Ghordi, respondent No. 3 lost control over the bus and it fell down the road. Respondent was injured in this accident. He suffered fracture to his right leg.

(3.) Respondent preferred a claim for compensation of Rs. 3,75,000/- under section 166 of the Motor Vehicles Act (for short the Act) before the learned Motor Accident Claims Tribunal, Jammu (for short the Tribunal). PW-Dr. R.S. Manhas stated before the learned Tribunal that the respondent was examined by him on 17.02.2004 and he was found to be a case of "fracture toulouse right managed surgically" and was having "ankylosed ankle having suffered 30% permanent disability of right leg". Doctor also proved the disability certificate issued by him-Mark-A.