NATIONAL INSURANCE COMPANY LTD. Vs. RATNO DEVI

JUDGEMENT

(1.) THIS Civil 1st Miscellaneous appeal is directed against the award/judgment dated 3rd of October, 1998 passed by Motor Accidents Claims Tribunal, Jammu, whereby it allowed the claim petition of respondent No. 1 Smt. Ratno Devi and awarded an amount of Rs. 1,03,760/ - as compensation with 12% interest per annum, for short 'impugned award' hereinafter.

(2.) IT is necessary to notice brief facts of the case herein as under: Ratno Devi -respondent -1 claimant filed a claim petition No. 108/Claims on 5th of August, 1995 with a prayer that a compensation be awarded in her favour on the ground that she is a victim of a vehicular accident which was caused by Shri Ajit Singh -driver -respondent No. 2 herein while driving Matador No. JK02 -8088, rashly and negligently. The claimant -respondent No. 1 sustained injuries. She has staled in the claim petition that she is rendered permanently disabled due to the said injuries and had claimed compensation to the tune of Rs. 4,65,000/ - as per breaks up given in the claim petition.

(3.) RELIEF . 4. Parties were directed to lead evidence. Claimant -respondent No. 1 examined Gulzari Lal, Raj Kumar, Dr. Anil Gupta and also the statement of claimant came to be recorded. Insurer has not examined any witness despite sufficient opportunities and the evidence of the claimant remained un -rebutted. The Tribunal after hearing learned Counsel for the parties, allowed the claim petition and awarded Rs. 1,03,760/ - as compensation in favour of the claimant -respondent No. 1 vide impugned award. Feeling aggrieved, Insurer -appellant preferred this appeal on 14th of January, 1999.