UNITED INDIA INSURANCE COMPANY LTD Vs. MASTER BUNTY

JUDGEMENT

(1.) Respondent No. 1, who was petitioner before the Motor Accidents Claims Tribunal, Jammu had filed a claim petition for, compensation. His case was that on 27-12-1990, he was going to School on foot and was walking along the side of the road from his home. He was knocked down by a vehicle (truck) bearing registration No. JKR/ 3275. He got seriously injured and as a result thereof, his right leg was amputated while his left leg was badly bruised. The petitioner's age at the time of accident was only eleven years. He became a crippled person and even could not continue with his education. He filed the claim petition against the driver, owner of the vehicle and also the Insurance Company. The Tribunal on the basis of pleadings of the parties, framed the following issues:

(2.) Only the Insurance Company i.e. United Insurance Company has filed this appeal, and other parties/respondents to the claim petition have not filed any appeal against the award dated 27-4-1993.

(3.) It is only against issue No. 3 which has been decided by the Tribunal in favour of the claimant/petitioner, that the present appellants seem to be aggrieved of. Therefore, in this appeal, this court will consider the finding of the Tribunal on issue No. 3 only.