UNITED INDIA INSURANCE CO. LTD Vs. CHANDER MOHAN

JUDGEMENT

(1.) The appellant-insurance company has challenged award dtd. 24/5/2018 passed by the Motor Accidents Claims Tribunal, Udhampur, whereby an amount of Rs.5,84,880.00 along with interest at the rate of 7% per annum has been awarded in favour of respondent No. 1/claimant (hereinafter to be referred as claimant) payable by the appellant/insurance company.

(2.) The claim petition that was filed before the learned Tribunal arose out of a road traffic accident that took place on 13/6/2010 at Dodi Nallah National Highway and the vehicle involved was a petrol tanker bearing registration No. JK02R 4997. As a result of the accident which is stated to have been caused, due to rash and negligent driving of respondent No. 3/Driver, two occupants of the vehicle are stated to have died whereas two more occupants including the claimant are stated to have received grievous injuries.

(3.) The claimant is stated to have received permanent disability of 30% and his functional disability has been taken by the learned Tribunal as 20%. As per the case of the claimant, he was driver by profession and at the time of the accident, he was standing on the road side.