LAWS(J&K)-2005-2-10

AWALEEN Vs. UNITED INDIA INSURANCE CO LTD

Decided On February 21, 2005
AWALEEN Appellant
V/S
UNITED INDIA INSURANCE CO.LTD. Respondents

JUDGEMENT

(1.) Mr. S. Manzoor has questioned the award passed by the Motor Accidents Claims Tribunal, Srinagar dated 28.4.2004 in case titled Awaleen v. United India Insurance Co. Ltd.

(2.) The backdrops of the case are given as under: The appellant has filed a claim petition in the Tribunal with the averments that she became the victim of a vehicular accident caused by respondent No. 3, while driving the vehicle Tata load carrier bearing registration No. JKS 9906 from Srinagar to Narabal crossing. The case of the appellant is that driver of the respondent has driven the vehicle rashly and negligently and hit the petitioner-appellant, who sustained the injuries and became permanently disabled and has claimed compensation to the tune of Rs. 28,00,000 as per the break-up given in the claim petition. The respondent No. 1 appeared and filed objections. Respondent Nos. 2 and 3 have been set ex pane. Four issues have been framed vide order dated 26.10.2002. Petitioner and respondent No. 1 have examined the witnesses. And after hearing the parties present, the Tribunal has passed the impugned award.

(3.) The main grievance is that inadequate compensation has been awarded to the petitioner.