UNITED INDIA INSURANCE Vs. NOWSHAD HUSSAIN

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against the award dated 25th November, 2011 (for short 'impugned award') passed by the Presiding Officer of the Motor Accidents Claim Tribunal, (for short, 'MACT'), Srinagar, in a claim petition titled Naushad Hussain v. Bashir Ahmad Mugal and others, on the grounds taken in the memo of appeal. At the very outset, it is observed that since none appears for respondents 2 & 3. They shall stand set ex-parte. The brief facts of the case are summarized as under:

(2.) One Mr. Naushad Hussain, claimant-respondent No. 1, being the victim of vehicular accident, filed a claim petition before the MACT for grant of compensation to the tune of rupees fifty lacs as per the break-ups given in paragraph 12 of the claim petition. Respondent-Insurer therein filed objections. After considering the rival contentions of the parties, following issues were framed:

(3.) Claimant, Nowshad Hussain (respondent No. 1 herein) examined Dr. Manzoor Ahmad Halwai, Associate Professor, Bone & Joint Hospital, Srinagar; Gayoor Hassan; Kalbi Hussain; Mohammad Shahbaz; and Abdul Rouf Qari as his witnesses, besides appearing himself in the witness box to record his statement. The appellant-Insurer examined one Syed Hilal Ahmad, Assistant Divisional Manager, United India Insurance Company, as witness.