RANDEEP SINGH Vs. NATIONAL INSURANCE CO AND ANR

JUDGEMENT

(1.) This appeal is directed against the order dated 06.07.2004 to the extent it provides that the interim award amounting to Rs.25,000/- shall be payable by Respondent No.2-owner of the vehicle and is also against the order dated 21.05.2005 in pursuance whereof the application filed by the owner of the vehicle seeking recall of the order dated 06.07.2004 to the same extent has been refused.

(2.) Appellant (claimant) student of Electrical Engineering at the age of 22 years allegedly suffered injuries on 10.04.2003 at Poloura in a road accident caused by rash and negligent driving of the offending vehicle No.4754- JK02L (Tipper) which was driven by the owner-cumdriver of the vehicle. He remained hospitalised for more than 9 months. Ultimately he suffered permanent disability of 94 per cent.

(3.) Claim petition titled Shri Randeep Singh v. National Insurance Co. Ltd and ors was filed alongside an application for award on no fault basis under Section 140 of MV Act was filed. Learned Tribunal passed a composite order on 06.07.2004 i.e. he has framed the issues in the claim petition filed under Section 166 of MV Act and at the same time disposed of the application for grant of compensation on no fault basis amounting to Rs.25,000/- (Twenty five thousand only) with interest payable by Respondent No.2-owner of the vehicle.