SANJAY GUPTA Vs. AMIT SINGH

JUDGEMENT

(1.) THIS civil first miscellaneous appeal is directed against the judgment and award dated 26.3.2012 passed by Presiding Officer, Motor Accidents Claims Tribunal, Jammu in claim petition titled as Sanjay Gupta v. Amit Singh in File No. 230/C, whereby award of Rs. 13,10,000 came to be awarded, under different heads, in favour of the claimant - appellant with interest at the rate of 7.5 per cent per annum except under heads 'future loss of income' and 'future treatment expenses' from the date of filing of the claim petition till its realization and 50 per cent of the awarded sum was directed to be kept in a fixed deposit in the name of the appellant -claimant for a period of five years. The appellant -claimant has filed the instant appeal for enhancement of compensation on the grounds taken in the memo of the appeals (for short, impugned award). Brief facts:

(2.) ON 16.7.2008 at about 6.15 p.m. when appellant -claimant was travelling on a motor cycle bearing No. JK 02 -Q 6318 near Domana, the said motor cycle was hit by a vehicle bearing No. JMU H -764 (hereinafter referred to as 'offending vehicle') that was being driven in a rash and negligent manner by its driver, respondent No. 1, and appellant sustained grievous injuries. He filed claim petition for grant of compensation to the tune of Rs. 55,00,000 as per the break -up given in the claim petition.

(3.) OUT of the pleadings of the parties, following issues were framed: