UNITED INDIA INSURANCE CO. LTD Vs. SAJJAD HUSSAIN

JUDGEMENT

(1.) Through the medium of this common judgment, the afore-titled two appeals are proposed to be decided.

(2.) Vide MA No. 235/2012, the appellant/insurance company has challenged interim award dtd. 2/4/2012 passed by the Motor Accident Claims Tribunal, Kishtwar (hereinafter to be referred as the Tribunal), whereby the learned Tribunal has passed the interim award on the basis of "No Fault Liability" under Sec. 140 of the Motor Vehicles Act, awarded interim compensation of Rs.25,000.00 in favour of the claimant/respondent No. 1. Vide MA No. 158/2017, the appellant/insurance company has challenged final award dtd. 28/2/2017 passed by Tribunal whereby respondent No. 1/claimant has been awarded a sum of Rs.2,87,500.00 as compensation along with interest at the rate of 7.5% per annum in the same case.

(3.) It appears that on 14/6/2010 while respondent No. 1/claimant was walking on the road side, on reaching Guriyan Kishtwar, he was hit by a Tipper bearing registration No. JK13-3949, as a result of which, he suffered grievous injuries. The accident is alleged to have been caused due to rash and negligent driving of the offending vehicle by its driver, respondent No. 3 herein. Claimant/respondent No. 1 was a student, aged 13 years at the relevant time and he suffered 40% permanent disability. Accordingly, he filed a claim petition before the Tribunal impleading the owner, driver and insurer of the vehicle as respondents.