RELIANCE GENERAL INSURANCE CO. LTD. Vs. RAJNI DEVI

JUDGEMENT

(1.) On the strength of case set up in the appeal, the appellant-Insurer has prayed for setting aside the impugned award dtd. 2/11/2023 passed by the learned Motor Accidents Claims Tribunal, Jammu (for short the Tribunal ), in Claim Petition No.291/C, titled Rajni Devi. V. Reliance General Insurance Company Ltd. & Ors. , whereby respondent No.1-Rajni Devi hereinafter called as claimant was granted compensation to the tune of Rs.37,52,640.00 for her disability in a motor accident.

(2.) The impugned award has been assailed on the following grounds:-

(3.) Succinctly stated the facts of the case which led to the filing of this appeal are that on 17/4/2019, respondent No.1-Rajni Devi while standing by the side of parked scooty (PB06AQ/5761) at Kunjwani Chowk, Jammu was hit by the offending vehicle (JK05B-7161) driven in a rash manner, causing serious injuries to the respondent no.1, which resulted in loss of her right arm right from the shoulder; that the respondent no.1 had to be shifted to GMCH, Jammu, wherefrom, after initial treatment, she was taken to Amandeep Hospital Amritsar for further treatment, where she underwent two surgeries and suffered excruciating pain; that based on the aforesaid accident, a case came to be registered vide FIR No.33/2019 in Police Station Gangyal, Jammu and after investigation, challan was produced against driver of the offending vehicle U/Ss 279/337/338 RPC in the court of law, for judicial determination.